Anti-dumping Duty on Caustic Soda from China and Korea

[Customs Notification No. 42 (ADD) dated 18^th August 2015]

Whereas, the designated authority, vide notification No. 15/23/2013-DGAD, dated the 19th December, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of 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) (hereinafter referred to as the Customs Tariff Act), originating in or exported from People’s Republic of China, 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 originating in or exported from Korea RP imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 95/2011-Customs dated the 3rd October, 2011 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 739(E),dated the 3rd October, 2011;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from People’s Republic of China up to and inclusive of the 25^th December, 2014, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.03/2014-Customs (ADD), dated the 16^thJanuary, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R 23(E), dated the 16thJanuary, 2014;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from Korea RP up to and inclusive of the 25^th December, 2014, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.04/2014-Customs (ADD), dated the 16^thJanuary, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R 24(E), dated the 16thJanuary, 2014;

And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from People’s Republic of China and Korea RP (hereinafter referred to as the subject countries), the designated authority in its final findings, published vide notification No. 15/23/2013-DGAD, dated the 18th June, 2015, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-

(i) subject goods continue to be exported by non-cooperative producers and exporters from the subject countries to India below their normal value resulting in dumping and injury;

(ii) both dumping margin and injury margin are significant and positive, in respect of non-cooperative producers and exporters from the subject countries, implying likelihood of intensified dumping and consequent injury to the domestic industry;

(iii) the anti-dumping duty on the subject goods originating in or exported from the non-cooperative producers and exporters from the subject countries to India is required to be continued with some modifications,

and has recommended imposition of the anti-dumping duty on the subject goods, originating in or exported from the subject countries.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 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, specification of which is specified in column (4), falling under sub-heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (5), exported from the countries as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), exported by the exporters as specified in the corresponding entry in column (8), imported into India, an anti-dumping duty at the rate 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 as per unit of measurement as specified in the corresponding entry in column (10) of the said Table, namely:-

Table
S. No.	Sub-heading	Description of goods	Specification	Country of origin	Country of export	Producer	Exporter	Amount	Unit of measurement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	2815 11 and 2815 12	Caustic Soda	Any grade	Korea RP	Korea RP	M/s Hanwha Chemical Corporation	Tricon Energy Limited, USA	Nil	Dry Metric Tonne	US Dollar
2.	2815 11 and 2815 12	Caustic Soda	Any grade	Korea RP	Korea RP	Any combination other than S. No. 1 above.		21.90	Dry Metric Tonne	US Dollar
3.	2815 11 and 2815 12	Caustic Soda	Any grade	Korea RP	Any country other than Korea RP	Any Producer	Any Exporter	21.90	Dry Metric Tonne	US Dollar
4.	2815 11 and 2815 12	Caustic Soda	Any grade	Any country other than subject countries and countries attracting anti-dumping duties.	Korea RP	Any Producer	Any Exporter	21.90	Dry Metric Tonne	US Dollar
5.	2815 11 and 2815 12	Caustic Soda	Any grade	People’s Republic of China	People’s Republic of China	M/s Shanghai Chlor-Alkali Chemical Co. Ltd	Tricon Overseas Inc., USA	Nil	Dry Metric Tonne	US Dollar
6.	2815 11 and 2815 12	Caustic Soda	Any grade	People’s Republic of China	People’s Republic of China	M/s Tianjin Dagu Chemical Company Limited	Tricon Energy Ltd, USA	Nil	Dry Metric Tonne	US Dollar
7.	2815 11 and 2815 12	Caustic Soda	Any grade	People’s Republic of China	People’s Republic of China	M/s Tianjin Dagu Chemical Company Limited	Tricon Overseas Inc., USA	Nil	Dry Metric Tonne	US Dollar
8.	2815 11 and 2815 12	Caustic Soda	Any grade	People’s Republic of China	People’s Republic of China	Any combination other than S. No. 5, 6 and 7 above.		48.39	Dry Metric Tonne	US Dollar
9.	2815 11 and 2815 12	Caustic Soda	Any grade	People’s Republic of China	Any country other than People’s Republic of China	Any Producer	Any Exporter	48.39	Dry Metric Tonne	US Dollar
10.	2815 11 and 2815 12	Caustic Soda	Any grade	Any country other than subject countries and countries attracting anti-dumping duties.	People’s Republic of China	Any Producer	Any Exporter	48.39	Dry Metric Tonne	US Dollar

2. The anti-dumping duty imposed under this notification shall be effective 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 paid in Indian currency.

3. Notwithstanding anything contained in paragraph 2, the anti-dumping duty imposed under this notification, with respect to People’s Republic of China and Korea RP, shall remain in force up to and inclusive of the 17th November, 2020, unless revoked, superseded or amended earlier.

[25-ADD/17.08.2020 – Para 3 inserted]

Explanation.- For the purposes of this notification, rate of exchange applicable for the purpose 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]