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Customs Notification No-108/2006
dated 16.10.2006
Continuation of anti-dumping duty on imports of Sodium Hydrosulphite
G.S.R. (E). – Whereas, the designated authority, vide its notification No.
15/16/2005-DGAD, dated the 5th October, 2005, published in Part I, Section I of
the Gazette of India, Extraordinary, dated the 5th October, 2005, had initiated
a sunset review in the matter of continuation of anti-dumping on imports of
Sodium Hydrosulphite falling under headings 2831 and 2832 of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975) [hereinafter referred to as the
subject goods], originating in, or exported from the People’s Republic of China
(hereinafter referred to as the subject country), imposed vide notification of
the Government of India, in the Ministry of Finance (Department of Revenue),
No.114/2001- Customs, dated the 2nd November, 2001 [GSR 820 (E), dated the 2nd
November, 2001 ] and had requested for continuation of anti-dumping duty, for an
additional period of one year, pending the completion of the review;
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods originating in, or exported from the subject country vide
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 25/2006 -Customs dated the 10th March, 2006, [G.S.R. 153(E),
dated the 10th March, 2006,] up to and inclusive of 11th day of March, 2007;
And whereas, in the matter of sunset review of anti-dumping on imports of the
subject goods, originating in, or exported from the subject country, the
designated authority vide its findings, No. 15/16/2005-DGAD dated the 6th
September, 2006, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 7th September, 2006, has come to the conclusion that –
(a) the subject goods have been exported to India from the subject country below
its normal value resulting into dumping and there is likelihood of continued
dumping of the subject goods, if anti- dumping from subject country is
withdrawn;
(b) the domestic industry continues to suffer material injury on account of the
dumped imports of the subject goods from the subject country; and
(c) the authority considers it appropriate that anti-dumping duties is required
to be imposed as modified in respect of imports from the subject country, as
withdrawal thereof would lead to continuation of dumping and injury;
and has recommended continuation of anti-dumping duty, at specified rates in
respect of imports of the subject goods, originating in, or exported from the
subject country in order to remove injury to the domestic industry;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5)
of section 9A of the Customs Tariff Act, 1975 read with 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, after considering the aforesaid findings of the designated
authority, hereby imposes on the subject 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 is specified in column (4) of
the said Table, originating in the countries as specified in the corresponding
entry in column (5), and exported from the country as specified in the
corresponding entry in column (6), and produced by the producers as specified in
the corresponding entry in column (7), and exported by the exporters as
specified in the corresponding entry in column (8), and imported into India, an
anti-dumping duty which shall be equal to difference between the amount
mentioned in the corresponding entry in column (9) in the currency as specified
in the corresponding entry in column (11) and as per unit of measurement as
specified in the corresponding entry in column (10), of the said Table and the
landed value of imported goods in like currency as per like unit of measurement.
Table
S. No. | Heading | Description of goods | Specification | Country of origin | Country of export | Producer | Exporter | Amount (US $) | Unit of Mea- sure-ment | Currency |
---|---|---|---|---|---|---|---|---|---|---|
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
1 | 2831 and 2832 | Sodium Hydrosulphite | All grades | People’s Republic ofChina | Any Country | Any Producer | Any Exporter | 1063.11 | MT | US$ |
2 | 2831 and 2832 | Sodium Hydrosulphite | All grades | Any Country | People’s Republic of China | Any Producer | Any Exporter | 1063.11 | MT | US$ |
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, -
(a) “landed value” means the assessable value as determined under the Customs
Act, 1962 (52 of 1962) and includes all duties of customs except duties levied
under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(b) rate of exchange applicable for the purposes of calculation of such
anti-dumping duty shall be the rate which is specified in the notification,
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 said Customs Act, 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.
(S.Bajaj)
Under Secretary to the Government of India
[F.No.354/06/2001-TRU (Pt-II)]
CUS NTF NO. 109/2006 DATE 16/10/2006
Rescinds notification imposing anti-dumping duty on Sodium Hydrosulphite
G.S.R. (E). – In exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18 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 hereby rescinds the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 114/2001 –Custom, dated the 2nd November, 2001, published in part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 2nd November, 2001 [ GSR 820(E), dated the 2nd November, 2001], except as respects things done or omitted to be done before such rescission.
(S.Bajaj)
Under Secretary to the Government of India
[F.No.354/06/2001-TRU (Pt-II)]