GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE)
Notification No. 40/2017-Customs (ADD)
New Delhi, dated the 25th August, 2017
G.S.R. (E).-Whereas, the designated authority vide notification No.
15/06/2016-DGAD dated the 27th July, 2016, published in the Gazette of India,
Extraordinary, Part I, Section 1 dated the 27th July, 2016, had initiated third
sunset review investigation in terms of sub-section (5) of section 9A of the
Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs
Tariff Act) 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), in the matter of continuation of anti-dumping duty on imports of Sodium
Nitrite (hereinafter referred to as the subject goods), falling under tariff
item 2834 10 10 of the First Schedule to the Customs Tariff Act, originating in
or exported from People's Republic of China (hereinafter referred to as the
subject country), imposed vide notification of the Government of India, in the
Ministry of Finance (Department of Revenue),
No.76/2011-Customs, dated 17th
August 2011, published in the Gazette of India, Extraordinary, Part II, Section
3, Sub-section (i), vide number G.S.R.628 (E), dated the 17th August 2011;
And whereas, the Central Government had issued the notification in
supersession of notification
No.76/2011-Customs, G.S.R.628 (E), dated the 17th
August 2011 for continued imposition of anti-dumping duty at the modified rates
vide notification
No. 46/2014- Customs (ADD) dated the 8th December, 2014,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R.877 (E), dated the 8th December, 2014;
And whereas, the Central Government had extended the period of imposition of
antidumping duty on the subject goods, originating in or exported from the
subject country up to and inclusive of the 16th August, 2017 vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 39/2016-Customs (ADD), dated 8th August, 2016, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.773
(E), dated the 8th August, 2016;
And whereas, in the matter of review of anti-dumping duty on imports of the
subject goods, originating in or exported from the subject country, the
Designated Authority in its final findings, published vide notification No.
15/06/2016-DGAD, dated the 19th July, 2017, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 19th July, 2017 has come to the
conclusion that–
(i) there is continued dumping of the product concerned from subject country,
causing injury to the domestic industry;
(ii) imports are significantly undercutting and underselling the prices of
the domestic industry;
(iii) cessation of antidumping duty is likely to lead to continuation and
recurrence of dumping and injury to the domestic industry,
and has recommended continued imposition of anti-dumping duty on imports of
the subject goods originating in, or exported, from the subject country.
Now, therefore, in exercise of the powers conferred by sub-section (1) and
sub-section (5) of section 9A of the Customs Tariff Act read with rules 18 and
23 of the said rules, 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 tariff item of the First Schedule to the said Customs Tariff Act as
specified in the corresponding entry in column (2), originating in the countries
as specified in the corresponding entry in column (4), exported from the
countries as specified in the corresponding entry in column (5), produced by the
producers as specified in the corresponding entry in column (6), 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 the amount as
specified in the corresponding entry in column (8), in the currency as specified
in the corresponding entry in column (10) and per unit of measurement as
specified in the corresponding entry in column (9), of the said Table:-
Table
Sr. No. |
Tariff Item |
Description of Goods |
Country of origin |
Country of Export |
Producer |
Exporter |
Duty Amount |
Unit of Measure |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 |
2834 10 10 |
Sodium Nitrite |
China PR |
China PR |
Any |
Any |
72.95 |
Metric Tonne |
US Dollar |
2 |
-Do- |
-Do- |
China PR |
Any country other than China |
Any |
Any |
72.95 |
Metric Tonne |
US Dollar |
3 |
-Do- |
-Do- |
Any Country other than China |
China PR |
Any |
Any |
72.95 |
Metric Tonne |
US Dollar |
2. The anti-dumping duty imposed shall be levied 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 payable in Indian
currency
Explanation. - For the purpose of this notification, rate of exchange for
calculation of such antidumping 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 Act.
(Gunjan Kumar Verma) Under Secretary to the Government of India [F.
No.354/41/2000-TRU (Pt.V)]
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