CUSTOMS NOTIFICATION No.69/2001 Date 26/06/2001

Final Anti Dumping Duty on caustic soda

WHEREAS in the matter of import of Sodium Hydroxide, commonly known as Caustic Soda, falling under sub-heading Nos. 2815.11 and 2815.12 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from Saudi Arabia, Iran, Japan, the United States of America and France, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th November, 2000, had come to the conclusion that-

1. Sodium Hydroxide, in all forms, originating in, or exported from, subject countries, has been exported to India below its normal value;
   
   
2. the domestic industry has suffered material injury by way of financial losses due to depressed net sales realization on account of price depression caused by low landed prices of the dumped subject goods; and
   
   
3. the injury has been caused to the domestic industry by the dumping of subject goods, originating in, or exported from, the subject countries;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.153/2000-Customs, dated the 26th December, 2000, [G.S.R.933(E), dated the 26th December, 2000] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th December, 2000;

AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th May, 2001 has come to the conclusion that-

1. Caustic Soda, originating in, or exported from Saudi Arabia, Iran, Japan, the United States of America and France has been exported to India below normal value, resulting in dumping;
   
   
2. the Indian industry has suffered material injury;
   
   
3. the injury has been caused by imports from the subject countries.

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, and 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 final findings of the designated authority, hereby imposes on said Sodium Hydroxide, commonly known as Caustic Soda, falling under sub-heading Nos.2815.11 and 2815.12 of the First Schedule to the said Customs Tariff Act, originating in, or exported from the countries specified in column (2) of the Table annexed hereto, and exported by exporters specified in the corresponding entry in column (3) of the said Table, and imported into India, an anti-dumping duty at the rate which shall be calculated as the difference between the amount mentioned in the corresponding entry column (4) of the said Table and the landed value of such imported Sodium Hydroxide per metric tonne.

Table

S. No.	Name of the Country	Name of the Exporter/Producer	Amount (in US dollar per metric tonne)
(1)	(2)	(3)	(4)
1	United States of America	(a) M/s Dow Chemical Co.	319.4
		(b) All other producer/exporter	319.4
2	France	All exporters/producers	309.4
3	Iran	All exporters/producers	319.4
4	Japan	All exporters/producers	319.4
5	Saudi Arabia	(a) Producer SADAF with SABIC as the exporter	266.9
		(b) All other exporters/producers	305.8

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 26th December, 2000, and shall be paid in Indian currency.

Explanation.- For the purposes 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 Customs Tariff 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 under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 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.

Sd/-
(G. D. Lohani)
Under Secretary to the Government of India

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