Caustic Soda
Anti-dumping Duty Slashed in Mid Term Review
Ntfn
95 Whereas,
the designated authority
03.10.2011 vide
notification No. 15/2/2010-DGAD,
(DoR) dated the 8th June, 2010,
published
in the Gazette of India, Extraordinary,
Part I, Section 1 dated the 8th June, 2010, had initiated review, in terms of
sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) 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), inter alia
in the matter of continuation of anti-dumping duty on Caustic Soda (hereinafter
referred to as the subject goods) falling under Chapter 28 of the First
Schedule to the Customs Tariff Act 1975, (51 of 1975), originating in, or exported from, Korea RP (hereinafter referred
to as the subject country), imposed vide notification of the Government
of India in the Ministry of Finance (Department of Revenue), No.137/2008-Customs, dated the 26th December, 2008,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R.889(E), dated the 26th December, 2008;
And whereas, in the matter of Mid-term review of
anti-dumping on import of the subject goods, originating in, or exported from,
the subject country, the designated authority vide its final findings
No. 15/2/2010-DGAD dated the 7th July, 2011, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 7th July, 2011, had come to the
conclusion that-
(i) the subject goods
had been exported to India from the subject countries below its normal value;
(ii) the domestic
industry had suffered material injury;
(iii) the injury had been caused by the dumped imports from
subject countries.
and had
recommended imposition of definitive anti-dumping equal to the lesser margin of
dumping on imports of the subject goods, originating in, or exported from, the
subject country, so as to remove injury to the domestic industry;
Now, therefore, in exercise
of the powers conferred by sub-section (1) read with sub-section (5) of section
9A of the said Customs Tariff Act, 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, 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 sub-heading of the First Schedule
to the said Customs Tariff Act, specified in the corresponding entry in column
(2), originating in the country specified in the corresponding entry in column
(4), and exported from the country specified in the corresponding entry in
column (5) and produced by the producer specified in the corresponding entry in
column (6) and exported by the exporter specified in the corresponding entry in
column (7), and imported into
India, an anti-dumping duty at a rate which is equivalent to the difference
between, the amount specified in the corresponding entry in column (8), in the currency
specified in the corresponding entry in column (10) and per unit of measurement
specified in the corresponding entry in column (9) of the said Table, and the landed value of such imported goods in like
currency per like unit of measurement.
Table |
|||||||||
SNo |
Sub -heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measure-ment |
Currency |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
1. |
281511, 281512 |
Caustic soda (Lye and Solid/Flakes) |
Korea RP |
Korea RP |
M/s Hanwha Chemical Corporation |
Tricon Energy Limited,
USA through M/s Hanwha Corporation |
Not applicable |
DMT |
USD |
2. |
281511, 281512 |
Caustic soda (Lye and Solid/Flakes) |
Korea RP |
Korea RP |
Any combination other than at Sl. No.1 above |
366 |
DMT |
USD |
|
3. |
281511, 281512 |
Caustic soda (Lye and Solid/Flakes) |
Korea RP |
Any country other than Korea RP |
Any |
Any |
366 |
DMT |
USD |
4. |
281511, 281512 |
Caustic soda (Lye and Solid/Flakes) |
Any country other than Korea RP |
Korea RP |
Any |
Any |
366 |
DMT |
USD |
2. The
anti-dumping duty imposed under this notification shall be effective up to and
inclusive of 25th December, 2014 with effect from the date of
publication of this notification in the official Gazette and will be paid in Indian
currency. [Substituted by 04-ADD/16.01.2014]
Explanation. –
For the purpose 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 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 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 Customs Act.
[F.
No.354/92/2011-TRU]