CUS NTF NO. 54/2004 DATE 19/04/2004

Govt imposes Anti-dumping duty on the imports of titanium dioxide from China

G.S.R. (E).- Whereas, in the matter of import of Titanium dioxide anatase grade (hereinafter referred to as the subject goods), falling under tariff item 2823 00 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from the People's Republic of China, the designated authority, vide its preliminary findings notification No.14/51/2002-DGAD, dated the 6th June, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th June, 2003, had come to the conclusion that

(a) the subject goods have been exported to India from the People's Republic of China below normal value;

(b) the domestic industry has suffered material injury;

(c) the material injury has been caused by the dumped imports of the subject goods from the People's Republic of China;

and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of the subject goods, originating in, or exported from the People's Republic of China;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.107/2003-Customs, dated the 11th July, 2003, [G.S.R. 543(E), dated the 11th July, 2003], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 11th July, 2003;

And whereas, the designated authority, vide its final findings notification No.14/51/2002-DGAD, dated the 15th March, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th March, 2004, has come to the conclusion that ­

(a) the subject goods have been exported to India from the People's Republic of China below its normal value;

(b) the Indian industry has suffered material injury;

(c) the injury to the domestic industry has been caused cumulatively by the dumped imports of the subject goods from the People's Republic of China;

and has recommended the imposition of definitive anti-dumping duty on all imports of the subject goods, originating in, or exported from the People's Republic of China, in order to remove the injury to the domestic industry;

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 the goods, the description of which is specified in column (3) of the Table below, falling under tariff item or 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 produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), 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 amount 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

Sl. No.	Tariff item or Heading	Descrip-tion of goods	Spe-cifica-tion	Coun-try of origin	Country of Export	Produ-cer	Exporter	Amo-unt	Unit of measu-rement	Curre-ncy
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	28230010 or 3206	Titanium Dioxide	Anatase	China PR	Any country	M/s Guangxi Dahua Chemical Factory, China PR	Any exporter	1227.00	Metric tonne	US Dollar
2.	28230010 or 3206	Titanium Dioxide	Anatase	China PR	Any country	M/s Cang Wu Shun Feng Titanium Dioxide Co. Ltd., China PR	M/s ZheJiang Provincial Light and Textile Industry, Haung-zhou, China PR	1227.00	Metric tonne	US Dollar
3.	28230010 or 3206	Titanium Dioxide	Anatase	Any coun-try except China PR	China PR	Any producer except M/s Guangxi Dahua Chemical Factory, China PR and M/s Cang Wu Shun Feng Titanium Dioxide Co. Ltd., China PR	Any exporter	1227.00	Metric tonne	US Dollar

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 11th July, 2003, and shall be paid in Indian currency.

3. This notification shall remain in force upto and inclusive of the 10th July, 2009, unless the notification is revoked earlier.

(Paragraph 3 has been inserted vide CUS NTF NO. 85/2008 DATE 11/07/2008)

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 conferred by sub-clause (i) of clause (a) of sub-section (3) of 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.354/51/2003-TRU]

(G.S.Karki)
Under Secretary to the Government of India

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