CUS NTF NO. 142/2003 DATE 23/09/2003
Anti-dumping Duty on Sodium Hydroxide (Cuastic Soda)
G.S.R. (E) WHEREAS in the matter of import of Sodium Hydroxide, commonly known as Cuastic 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, Republic of Korea the People’s Republic of China (hereinafter referred to as “the subject countries”), and imported into India, the designated authority (DA) vide its preliminary findings No. 14/10/2002-DGAD dated the 21st September, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th September, 2002, had come to the conclusion that–
(a) Sodium Hydroxide, in all forms originating in, or exported from, the subject countries had been exported to India below its normal value except M/s Hanwha Chemical Corporation, Republic of Korea;
(b) the Indian industry had also 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 Sodium Hydroxide;
(c) the injury had been caused to the domestic industry by dumping of Sodium Hydroxide originating in, or exported from the subject countries;
and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Sodium Hydroxide, originating in or exported from, the subject countries except on exports by M/s Hanwha Chemical Corporation, Republic of Korea;
AND WEREAS, on the the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty vide notification of the Government of India in the erstwhile Ministry of Finance & Company Affairs (Department of Revenue),
No. 142/2002-Customs, dated the 26th December, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th December, 2002 [G.S.R. 840 (E), dated the 26th December, 2002];
AND WHEREAS, the designated authority, vide its final findings No. 14/10/2002-DGAD dated the 4th August, 2003 published in the Gazette of India, Extraordinary, Part I, Section I, dated the 4th August, 2003, has come to the conclusion that–
(i) Sodium Hydroxide, originating in, or exported from the subject countries has been exported to India from below its normal value, resulting in dumping;
(ii) The Indian domestic industry has suffered material injury in terms of the subject goods produced by its and establishment of the domestic industry is being materially retarded by the dumped imports, in as much as the domestic industry is trying to establish itself in the Indian market with new subject product;
(iii) The injury has been caused by the imports of subject goods from the subject countries;
and the DA has considered it necessary to impose final anti-dumping duty on all imports of the subject goods originating in or exported from the subject countries so as to remove injury to the domestic industry;
NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) read with of section 9A of the said Customs Tariff Act, read with rule 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 findings of the designated authority, hereby imposes on the 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 as the rate equal to the difference between the amount as specified in the corresponding entry in column (9) and the landed value of goods, 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.
Table
| Sl. No. | Sub-hea-ding | Descri- ption of goods |
Speci- fication | Coun- try of origin | Coun- try of Export | Produ- cer | Expo- rter | Amo- unt | Unit of Meas-ure-ment | Curre- ncy |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 281511 281512 | Caustic Soda | Caustic Soda lye and Caustic Soda solid/ flakes | Korea RP | All | M/s Hanwha Chemical Corpo- ration |
M/s Tricon Energy Limited, USA | Not Appli- cable | Not Appli- cable | Not Appli- cable |
| 2. | 281511 281512 | Caustic Soda | Caustic Soda lye and Caustic Soda solid/ flakes | Korea RP | All | M/s Hanwha Chemical Corpo- ration |
Any | Not Appli- cable | Not Appli- cable | Not Appli- cable |
| 3. | 281511 281512 | Caustic Soda | Caustic Soda lye and Caustic Soda solid/ flakes | Korea RP | All | Any producer except M/s Hanwha Chemical Corpo- ration | Any | 295.27 | Dry Metric Tonne | USD |
| 4. | 281511 281512 | Caustic Soda | Caustic Soda lye and Caustic Soda solid/ flakes | Any Country except China PR | Korea
RP | Any |
Any | 295.27 | Dry Metric Tonne | USD |
| 5. | 281511 281512 | Caustic Soda | Caustic Soda lye and Caustic Soda solid/ flakes | China PR | All | Sanghai Chlor Alkali Chemical Company Limited | Any | 295.27 | Dry Metric Tonne | USD |
| 6. | 281511 281512 | Caustic Soda | Caustic Soda lye and Caustic Soda solid/ flakes | China PR | All | Any producer except M/s Sanghai Chlor Alkali Chemical Company Limited | Any | 295.27 | Dry Metric Tonne | USD |
| 7. | 281511 281512 | Caustic Soda | Caustic Soda lye and Caustic Soda solid/ flakes | Any Country except Korea RP | China
PR | Any Producer | Any | 295.27 | Dry Metric Tonne | USD |
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, 2002, and shall be paid in Indian currency.
3. This notification shall remain in force upto and inclusive of the 25th December 2008, unless the notification is revoked earlier.
(Para 3 has been inserted vide CUS NTF NO. 121/2007 DATE 20/12/2007)
Explanation. – For the purposes of this notification,–
(a) “landed value” shall be assessable value as determined under the Customs Act, 1962 and includes all duties of customs except duties under sections 3, 3A, 8B, 9 and 9A of the Customs Tariff Act, 1975;
(b) the “rate of exchange” applicable for the purposes of calculation of the anti-dumping duty under this notification shall be the exchange rate specified in the notification issued from time to time in exercise of powers conferred under sub-section (3) of section 14 of the Customs Act, 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.
Sd/-
(G.S.Karki)
Under Secretary to the Government of India
[F. No. 354/185/2003-TRU]
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