G.S.R. (E). - Whereas, in the matter of import of Potassium Carbonate, falling under tariff item 2836 40 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, People’s Republic of China, Republic of Korea and Taiwan (hereinafter referred to as the subject countries), the designated authority, vide its preliminary findings notification No. 14/42/2002-DGAD, dated the 30th April, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st May, 2003, had come to the conclusion that –

(a) Potassium Carbonate has been exported to India from the subject countries below normal value resulting in dumping;

(b) the Indian industry has suffered material injury from exports of Potassium Carbonate from the subject countries;

(c) the injury has been caused cumulatively by the imports of Potassium Carbonate from the subject countries;

and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Potassium Carbonate, originating in, or exported from the subject countries;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Potassium Carbonate vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.91/2003-Customs, dated the 10th June, 2003, [G.S.R. 470(E), dated the 10th June, 2003], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 10th June, 2003;

And whereas, the designated authority, vide its final findings notification No.14/42/2002-DGAD, dated the 16th January, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th January, 2004, had come to the conclusion that –

a) Potassium Carbonate has been exported to India from the subject countries below its normal value, resulting in dumping;

b) the Indian industry has suffered material injury from exports of Potassium carbonate from the subject countries;

c) the injury to the domestic industry has been caused cumulatively by the dumped imports of Potassium Carbonate from the subject countries;

And whereas, M/s Taiwan Pulp and Paper Corporation, Taiwan, had furnished an undertaking under rule 15 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, not to export any type of Potassium Carbonate below a price of US Dollar 471.0 per Metric tonne CIF (cost, insurance and freight) and the designated authority accepted the same;

and the designated authority had recommended the imposition of definitive anti-dumping duty on all imports of Potassium Carbonate, originating in, or exported from the subject countries, in order to remove the injury to the domestic industry;

And whereas, on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed an anti-dumping duty on Potassium Carbonate vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 37/2004-Customs, dated the 20th February, 2004, [G.S.R. 127(E), dated the 20th February, 2004], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 20th February, 2004;

And whereas, the designated authority vide its Notification No. 15/22/2006-DGAD dated the 26th March, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th March, 2007 has revoked the price undertaking, furnished by M/s Taiwan Pulp and Paper Corporation, Taiwan, under rule 15 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and has ordered to resumes the investigation suspended vide Notification No.14/42/2002-DGAD, dated the 16th January, 2004;

and has recommended imposition of provisional anti-dumping duty, on all imports of Potassium Carbonate, exported by M/s Taiwan Pulp and Paper Corporation, Taiwan (Chinese Taipei), pending final determinations;

now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid recommendation and revocation of the price undertaking by the designated authority, hereby imposes on the said Potassium Carbonate of any specification, falling under tariff item 2836 40 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), exported by M/s Taiwan Pulp and Paper Corporation, Taiwan (Chinese Taipei), and imported into India, an anti-dumping duty at the rate of US$ 70.45 per metric tonne.

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 8th day of November, 2007, and shall be payable in Indian currency.

Explanation. - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act 1962 (52 of 1062), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

[F.No.354/43/2003-TRU]

 

(S.Bajaj)
Under Secretary to the Government of India

ieport.com - India's Premier portal on Customs matters