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Notification No-102/2005 dated 19.12.2005
Continuation of final anti-dumping duty on Sodium Cyanide (283711)
Whereas the designated authority vide Notification No. 15/9/2003-DGAD dated the
29th March, 2004 published in Part I, Section 1 of the Gazette of India,
Extraordinary, dated the 29th March, 2004, had initiated review in the matter of
continuation of final anti-dumping duty on Sodium Cyanide (hereinafter referred
to as the subject goods), falling under Sub-heading 2837 11 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to
as the Customs Tariff Act), originating in, or exported from the United States
of America, European Union, Czech Republics and Korea RP, imposed vide
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 83/2000-CUSTOMS, dated the 6th June, 2000, G.S.R. 522 (E),
dated the 6th June, 2000, superseded by Notification No. 10/2001-CUSTOMS dated
31st January 2001, G.S.R. 47(E), dated the 31st January, 2001 and extended by
notification No. 56/2005-CUSTOMS, dated 23rd June 2005, G.S.R. 420(E), dated the
23rd June, 2005;
And Whereas, the designated authority in Notification No. 15/9/2003-DGAD, dated
the 27th September, 2005 published in Part I, Section 1 of the Gazette of India,
Extraordinary, dated the 27th September, 2005, after conducting Sunset Review
has come to the conclusion that-
(a) the subject goods continue to be dumped from the Korea RP and United States
of America, and dumping margins of the subject goods imported from these
countries are significant and above de minimis;
(b) there is no likelihood of dumping to continue or recur from the European
Union, if the duties are revoked. However, dumping is likely to continue from
the Korea RP and United States of America if the duties are revoked;
(c) the domestic industry continues to suffer material injury on account of the
dumped imports from Korea RP and" United States of America;
(d) injury to domestic industry is likely to continue or recur if the duties are
revoked in respect of imports from Korea RP and United States of America.
However, injury to the domestic industry is not likely to recur if the duties
are revoked ing respect of imports from the European Union;
and has recommended the continued imposition of definitive anti-dumping duty on
all imports of Sodium Cyanide, originating in, or exported from United States of
America, and Korea RP;
Now, therefore, in exercise of the powers conferred by sub-section (1), read
with sub-section (5) of section 9A oft the said Customs Tariff Act, and rules 18
and 23 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 final findings of
the designated authority, hereby imposes on the goods, the description of which
is specified in column (3) of the Table below, falling under Sub-heading of the
First Schedule to the said Customs Tariff Act as specified in the corresponding
entry in column (2), the specification of which h specified in the corresponding
entry in column ('1), originating In the countries as specified in the
corresponding entry in column (5), and produced by the producers as specified in
the corresponding entry in column (7), when exported from the countries as
specified in the corresponding entry in column (6), by the exporters as
specified in the corresponding entry in column (8), and imported into India, an
anti-dumping duty at a rate which is equivalent to the amount as specified in
the corresponding entry in column (9), in the currency as specified in the
corresponding entry in column (11) and per unit of measurement as specified in
the corresponding entry in column (10), of the said Table.
Table
Sl. No. | Sub heading | Descrip-tion of Roods | Speci-fica-tion | Country of origin | Country of export | Producer | Exporter | Duty amo-unt | Unit of measu-rement | Currency |
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
1 | 283711 | Sodium Cyanide | Any | Korea RP | Any except United Stales of America | M/s Tong Shun Petroche-micals Corpora-tion | M/s Hanwah Corpora-tion | 29.62 | Metric Tonne | Dollar of United States of America |
2 | 283711 | Sodium Cyanide | Any | Korea RP | Any except United States of America | Any except M/s Tong Shuh Petroche-micals Corpora-tion | Any except M/s Hanwah Corpora-tion | 250.88 | Metric Tonne | Dollar of United States of America |
3 | 283711 | Sodium Cyanide | Any | Any except Korea RP and United States of America | Korea RP | Any except M/s Tong Shuh Petroche-micals Corpora-tion | Any except M/s Hanwah Corpora-tion | 250.88 | Metric Tonne | Dollar of United States of America |
4 | 283711 | Sodium Cyanide | Any | United States of America | Any | Any | Any | 268.27 | Metric Tonne | Dollar of United States of America |
5 | 283711 | Sodium Cyanide | Any | Any except United States of America | United States of America | Any | Any | 268.27 | Metric Tonne | Dollar of United States of America |
2. This notification shall be effective for a period of five years (unless
revoked, superseded or amended earlier) and the anti-dumping duty shall be paid
in Indian currency.
Explanation. - For the purposes of this notification, rate of exchange
applicable for the purposes of calculation of such antidumping duty shall be the
rate which is specified in the notification, issued from lime 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 1962), and the relevant date
for the determination of the rate of exchange shall be the dale of presentation
of the bill of entry under section 46 of the said Customs Act.