GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 143/2009-Customs
New Delhi, dated the 22nd December, 2009
G.S.R.(E). - Whereas in the matter of import of Sodium Nitrite (hereinafter
referred to as the subject goods), falling under sub- heading 2834 1010 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, People’s Republic of China (hereinafter referred to as the
subject country or China PR), the designated authority in its preliminary
findings vide notification No. 39/1/99-DGAD dated the 6th April, 2000, published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th April,
2000 had come to the conclusion that –
- Sodium Nitrite, originating in, or exported from, China PR, had been
exported to India below normal value, resulting in dumping;
- the domestic industry had suffered material injury;
- the injury had been caused cumulatively by the imports from the subject
country;
and had recommended imposition of provisional anti-dumping duty on the imports
of subject goods, originating in or exported from the subject country;
And whereas, on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed provisional anti-dumping duty on the subject
goods, vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No.76/2000–CUSTOMS, dated the 23rd May, 2000, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i),
vide number G.S.R. 484(E), dated the 23rd May, 2000;
And whereas, the designated authority, in its final findings vide notification
No. 39/1/99-DGAD, dated the 3rd November, 2000, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 3rd November, 2000, had come
to the conclusion that-
- Sodium Nitrite, originating in, or exported from, People’s Republic of
China, had been exported to India below normal value resulting in dumping;
- the domestic industry had suffered material injury;
- the injury had been caused cumulatively by the imports from the subject
country;
and had recommended the imposition of definitive anti-dumping duty on imports of
the subject goods originating in or exported from the subject country;
And whereas, on the basis of the aforesaid final findings of the designated
authority, the Central Government had imposed final anti-dumping duty on the
subject goods vide notification of the Government of India in the Ministry of
Finance (Department of Revenue), No.147/2000-CUSTOMS, dated the 19th December,
2000 published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R. 919(E), dated the 19th December, 2000;
And whereas, the designated authority vide notification No. 39/1/1999-DGAD,
dated the 2nd December, 2004, had initiated Sunset review, in terms of
sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), in
the matter of continuation of anti-dumping duty on subject goods, originating
in, or exported from, the subject country imposed vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No
147/2000-CUSTOMS, dated the 19th December, 2000 published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.
919 (E), dated the 19th December, 2000;
And whereas, the designated authority had requested for extension of
anti-dumping duty on import of subject goods, originating in, or exported from,
the subject country, in terms of sub-section (5) of section 9A of the Customs
Tariff Act, 1975 (51 of 1975), pending the completion of the Sunset review;
And whereas on the basis of the aforesaid request of the designated authority,
the Central Government had extended anti-dumping duty on the subject goods up to
and inclusive of 21st May,2006, vide notification of the Government of India in
the Ministry of Finance (Department of Revenue), No.60/2005-CUSTOMS, dated the
4th July, 2005 published in Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) ,vide number G.S.R. 452(E), dated the 4th July, 2005;
And whereas, the designated authority, in its final findings in Sunset review
vide notification No. 39/1/1999-DGAD, dated the 1st December, 2005, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st December,
2005, had come to the conclusion that-
- the subject goods had entered from subject country at less than its normal
value and the dumping margin of the subject goods imported from subject country
were substantial and above de minimis level;
- there was likelihood of dumping to continue or recur from the China PR, if
the duties were revoked.
- the domestic industry continued to suffer material injury at present and the
cause of the current injury was due to the volume as well as price effect of the
dumped imports from China PR;
- injury to domestic industry was likely to continue if the duties were
revoked in respect of imports from China PR;
- however, re-export or trans-shipment of goods of Chinese origin, if any,
would be adequately covered under the duty imposed against China PR.
and had recommended continuation of anti-dumping duty, at specified rates in
respect of imports of the subject goods, originating in, or exported from the
subject country in order to remove injury to the domestic industry;
And whereas on the basis of the aforesaid final findings in Sunset review, of
the designated authority, the Central Government had imposed final anti-dumping
duty for a period of five years on the subject goods vide notification of the
Government of India in the Ministry of Finance (Department of Revenue),
No.3/2006-Customs, dated the 17th January, 2006 published in Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. No.18(
E), dated the 17th January, 2006;
And whereas, the designated authority vide notification No. 15/24/2008-DGAD,
dated the 17th November, 2008, has initiated Mid term 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 in the matter of continuation of anti-dumping duty on
subject goods, originating in, or exported from, the subject country imposed
vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 3/2006-Customs, dated the 17th January, 2006
published in Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i),
vide number G.S.R. 18 (E), dated the 17th January, 2006;
And whereas the designated authority, in its final findings in mid-term review,
vide notification No. 15/24/2008-DGAD, dated the 13th November, 2009, published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th
November, 2009, has come to the conclusion that-
- The subject goods are entering the Indian market at dumped prices and
dumping margins of the subject goods imported from China PR is significant and
above de-minimis limits prescribed. The subject goods continue to be exported to
India at dumped prices inspite of existing anti dumping duties.
- Considering the facts available on record, the subject goods are likely to
enter Indian market at dumped prices, should the present measures be withdrawn.
- The situation of domestic industry deteriorated further in spite of
existing anti dumping duties. Further, should the present anti dumping duties be
revoked, injury to the domestic industry is likely to continue and intensify.
- The deterioration in the performance of the domestic industry is because of
dumped imports from China PR.
- The current level of anti dumping duty is insufficient to address continued
dumping and consequent injury to the domestic industry and thus the anti-dumping
duty is required to be modified.
and has recommended continued imposition of definitive anti-dumping duty on
modified rates on imports of the subject goods originating in, or exported from,
the subject country;
Now, therefore, in exercise of the powers conferred by sub- sections (1) and (5)
of section 9A of the said 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 and in supersession of the notification of the Government of India in the
Ministry of Finance (Department of Revenue), No. 3/2006-Customs, dated the 17th
January, 2006, vide number G.S.R 18(E), dated the 17th January, 2006,except as
respects things done or omitted to be done before such supersession, the Central
Government, on the basis of aforesaid finding and recomendation 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), originating in the country as specified in
the corresponding entry in column (4),and exported from the countries as
specified in the corresponding entry in column (5), and produced by the
producers as specified in the corresponding entry in column (6), and 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
difference between the amount mentioned in the corresponding entry in column
(8), in the currency as specified in the corresponding entry in column (10) and
as per unit of measurement as specified in the corresponding entry in column
(9), of the said Table and the landed value of imported goods in like currency
as per like unit of measurement.
TABLE
Sl.No. |
Sub -heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measurement |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 |
2834 10 10 |
Sodium Nitrite |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
617.42 |
Metric Tonne |
US Dollar |
2 |
2834 10 10 |
Sodium Nitrite |
People’s Republic of China |
Any |
Any |
Any |
617.42 |
Metric Tonne |
US Dollar |
3 |
2834 10 10 |
Sodium Nitrite |
Any |
People’s Republic of China |
Any |
Any |
617.42 |
Metric Tonne |
US Dollar |
2. This notification shall remain in force upto and inclusive of the 16th
January, 2011, unless the notification is revoked earlier. The anti-dumping duty
shall be paid in Indian currency.
Explanation. - For the purposes of this notification,-
- “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, 8B, 9 and 9A of the said Customs Tariff Act, 1975 (51 of
1975);
- 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 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.
[F.No.354/41/2000 –TRU (Pt.IV)]
(Prashant Kumar)
Under Secretary to the Government of India.