Potassium Permanganate from China – Final findings

Ntfn 50 Whereas, the designated authority,
29.03.2007 vide its notification No. 15/5/2006
DGAD, published in Part I, Section I of the Gazette of India, Extraordinary, dated the 3^rd March, 2006, had initiated a review in the matter of continuation of anti-dumping on imports of Potassium Permanganate (hereinafter referred to as the subject goods) falling under tariff heading 2841 61 00 of the First Schedule to the Customs tariff Act 1975, (51 of 1975), originating in, or exported from, the Peoples Republic of China, imposed vide notification No. 113/2001 dated 1^st November, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 1st November, 2001 vide G.S.R. No. 815(E), dated the 1st November, 2001, superseded by Notification No. 85/2003-Customs dated the 27^th May, 2003, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27^th May, 2003 vide G.S.R. No. 436(E), dated the 27^th May, 2003, subsequently superseded by Notification No. 82/2005-Customs dated the 14^th September, 2005, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 14^th September, 2005 vide G.S.R. No. 585(E), dated the 14^th September, 2005;

And whereas, the Central Government has extended the anti-dumping duty on the subject goods, originating in, or exported from, the Peoples Republic of China up to and inclusive of the 11^th day of March, 2007 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 26/2006 -Customs dated the 10^th March, 2006, G.S.R No. 154(E), dated the 10^th March, 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 10^th March, 2006;

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from the Peoples Republic of China, the designated authority vide its final findings, No. 15/5/2006-DGAD dated the 1^st March, 2007, published in the Gazette of India, Extra-ordinary, Part I, Section 1, dated the 1^st March, 2007, as amended vide Notification No.15/5/2006-DGAD, dated 5^th March, 2007 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5^th March, 2007, has come to the conclusion that –

(i) the subject goods have entered from the Republic of China at less than its normal value and the dumping margins of the subject goods imported from China are substantial and above de minimis;

(ii) there is also a likelihood of dumping to continue from China, if the duties are revoked;

(iii) the domestic industry continues to suffer marginal material injury at present and the cause of the current injury is overwhelmingly due to the volume as well as price effect of the dumped imports from the Republic of China;

(iv) injury to domestic industry is likely to continue, if the duties are revoked;

and has recommended continued imposition of the antidumping duty against the subject goods originating in or exported from the Peoples Republic of China 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 (51 of 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 final 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 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 countries 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 at a rate which is equal 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

S No	Tariff heading	Description of goods	Specifi-cation of goods	Country of origin	Country of Export	Producer	Exporter	Duty Amount	Unit of measure-ment	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	2841 61 00	Potassium Permanganate (KmnO4)	All grades	People’s Republic of China	Any	M/s Groupstar (Yunnan), Chemicals LLC, People’s Republic of China	M/s Groupstar (Yunnan), Chemicals LLC, People’s Republic of China	123.51	MT	US$
2.	2841 61 00	Potassium Permanganate (KmnO4)	All grades	People’s Republic of China	Any	Any other combination of producer & Exporter, (other than above)		513	MT	US$
3.	2841 61 00	Potassium Permanganate (KmnO4)	All grades	Any other than People’s Republic of China	People’s Republic of China	Any	Any	513	MT	US$

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) form the date of publication of this notification in the Official Gazette and shall be paid in Indian currency.

Explanation. - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of 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 1962) and the relevant date for 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.