Sodium Nitrite from China – Anti-dumping duty
Slashed in Sunset Review
[Ref: Notification
No. 40/2017-Customs (ADD)
dated 25 August 2017]
Whereas, the designated authority vide notification No. 15/06/2016-DGAD dated the 27th
July, 2016, published in the Gazette of India, Extraordinary, Part I, Section 1 dated
the 27th July, 2016, had initiated third sunset review investigation in terms
of sub-section (5) of section 9A of
the Customs Tariff Act,
1975 (51 of 1975) (hereinafter
referred
to as the Customs Tariff Act) and in pursuance
of rule 23 of the Customs Tariff (Identification, Assessment and
Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty
on imports of Sodium Nitrite (hereinafter referred to as the subject goods), falling under tariff
item 2834 10 10 of
the First Schedule to the Customs Tariff Act, originating in or exported from
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.76/2011-Customs, dated 17th
August 2011, published in the Gazette of India, Extraordinary,
Part
II, Section
3, Sub-section
(i), vide number G.S.R.628
(E), dated the 17th August 2011;
And whereas, the Central Government had issued the notification in supersession of notification No.76/2011-Customs, G.S.R.628 (E), dated the 17th August 2011 for continued
imposition of anti-dumping duty at the modified rates vide notification No. 46/2014- Customs
(ADD) dated the 8th
December, 2014, published in the Gazette of India, Extraordinary, Part II, Section
3, Sub-section
(i), vide number G.S.R.877 (E),
dated the 8th December, 2014;
And whereas, the Central Government had extended the period of
imposition of anti- dumping duty on the subject goods, originating in or exported from the subject country up to and inclusive of the 16th August, 2017 vide notification of the Government of India, in the Ministry
of Finance (Department of Revenue) No. 39/2016-Customs (ADD), dated 8th August, 2016, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section
(i), vide
number G.S.R.773 (E), dated the
8th August, 2016;
And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, the Designated Authority in its final findings, published vide notification No. 15/06/2016-DGAD, dated the 19th July, 2017, published
in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 19th
July, 2017 has come to the conclusion
that–
(i) there is continued dumping of the product concerned from
subject country, causing
injury to the domestic
industry;
(ii) imports
are significantly
undercutting and
underselling
the prices of the domestic
industry;
(iii) cessation of antidumping duty is likely to
lead
to continuation and
recurrence of dumping and
injury to the domestic
industry,
and has recommended continued imposition of anti-dumping duty on imports of the subject
goods originating in,
or exported, from
the
subject country.
Now, therefore, in exercise of the powers conferred by sub-section (1) and sub-section
(5) of section 9A of the Customs Tariff Act read with rules 18 and 23 of the said rules, the Central Government, on the basis of 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 tariff item of the First Schedule to the said Customs Tariff Act as specified in the
corresponding entry in column (2), originating in the countries as specified in the corresponding
entry in column (4),
exported from the countries as specified in the corresponding entry in
column (5), produced by the producers as specified in the corresponding entry in column (6),
exported by the exporters as specified in the corresponding entry in column (7), 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 (8), in the currency as specified in the corresponding entry in column (10)
and
per unit of measurement as
specified in the corresponding
entry in column (9),
of the said Table:-
|
Table |
|||||||||
|
Sr. No. |
Tariff Item |
Description of
Goods |
Country of
origin |
Country of Export |
Producer |
Exporter |
Duty Amount |
Unit of
Measure |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1 |
2834 10
10 |
Sodium
Nitrite |
China
PR |
China PR |
Any |
Any |
79.58
|
Metric Tonne |
US Dollar |
|
2 |
-Do- |
-Do- |
China
PR |
Any country other than China PR |
Any |
Any |
79.58
|
Metric Tonne |
US Dollar |
|
3 |
-Do- |
-Do- |
Any Country
other than China |
China PR |
Any |
Any |
79.58
|
Metric Tonne |
US Dollar |
[01-ADD/24.01.2020 – Table substituted (ADD Duty
increased)]
2. The anti-dumping duty imposed shall be levied for a period of five years (unless revoked, superseded or amended earlier)
from the date of publication of this notification in the Official Gazette and
shall be payable in Indian currency.
Explanation. - For the purpose of this
notification, rate
of exchange for 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 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 date of presentation of
the bill of entry
under section 46 of
the said Act.
[F.
No.354/41/2000-TRU (Pt.V)]