Notification No. 40/ 2008-Customs dated 27th March, 2008
Definitive anti dumping duty imposed on caustic soda (281511 or 281512)
 
G.S.R. (E). – Whereas, the designated authority vide notification No. 15/03/2007-DGAD, dated the 9th March, 2007, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 9th March, 2007, had initiated review, in the matter of continuation of anti-dumping on imports of Sodium Hydroxide commonly known as Caustic Soda (hereinafter referred to as the subject goods), falling under sub-heading 2815 11 or 2815 12 of the First Schedule to the Customs Tariff Act 1975 (51 of 1975), originating in, or exported from, Qatar (hereinafter referred to as the subject country), imposed vide notification of the Government of India (Department of Revenue), No.121/2002-Customs, dated the 31st October, 2002, published in the Gazette of India vide number G.S.R.745(E), dated the 31st October, 2002;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject country upto and inclusive of the 26th March, 2008 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 43/2007 -Customs dated the 21st March, 2007, vide number G.S.R. 215(E), dated the 21st March, 2007 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 21st March, 2007;

And whereas, in the matter of 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. 15/3/2007-DGAD dated the 7th March, 2008 published in the Gazette of India, Extraordinary, Part I, Section 1, dated 7th March, 2008, has come to the conclusion that-

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

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

(iii) the domestic industry does not suffer marginal material injury at present;

(iv) injury to domestic industry is likely to recur, if the duties on imported subject goods from Qatar are revoked; and

(v) therefore, continued imposition of the anti-dumping duty is warranted against subject goods originating in or exported from Qatar, to offset continuation of dumping and recurrence of injury to the domestic industry;

and has recommended continued imposition of definitive anti-dumping duty against 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 (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 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 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 equivalent to the difference between, the reference price 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, and the landed value of such imported goods in like currency per like unit of measurement.
Table
 
SI. No Sub-heading Description of goods Specification Country of origin Country of export Producer Exporter Reference price Unit of measure Currency
1 2 3 4 5 6 7 8 9 10 11
1 281511 or 281512 Sodium Hydroxide (Caustic Soda) Any Qatar Any M/s Qatar Vinyl Corporation Any 349.69 MT US$
2 281511 or 281512 Sodium Hydroxide (Caustic Soda) Any Any other than Qatar Qatar Any Any 349.69 MT US$

Provided that this notification shall not apply to the imports of subject goods exported from Qatar and originating from any country which is subject to levy of anti-dumping duty under a notification of the Government of India in the Ministry of Finance (Department of Revenue).

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 Gazette of India.

Explanation. - For the purposes of this notification, -

(a) “landed value” means the assessable value which shall be calculated by adding 1% handling charge and applicable basic customs duty to the cost insurance and freight value of the imports;

(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.354/11/2002-TRU]

(Unmesh Wagh)
Under Secretary to the Government of India.

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