Notification No. 37/2014 Date 08/08/2014

Seeks to levy definitive anti-dumping duty on imports of sodium nitrite, originating in or exported from the European Union, for a further period of five years

            G.S.R.       (E). – Whereas, the designated authority, vide  notification No. 15/1009/2012-DGAD dated 23rd March, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of sodium nitrite (hereinafter referred to as subject goods) falling under heading 2834 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in or exported from the European Union (hereinafter referred to as the subject country), imposedvide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 49/2008-Customs, dated the  11th April, 2008,  published in the Gazette of India, Extraordinary,  Part II, Section 3, Sub-section (i) vide number G.S.R. 284 (E), dated the 11th April, 2008;

            And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject country upto and inclusive of the 10th April, 2014vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 4/2013-Customs (ADD), dated the 10th April, 2013, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number G.S.R 214 (E), dated the 10th April, 2013;

            And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject country, the designated authority in its final findings, published vide notification No. 15/1009/2012-DGAD, dated 12th May, 2014, in Part I, Section 1 of the Gazette of India, Extraordinary, has come to the conclusion that- 

            (i)  the product under consideration continues to be imported at the dumped prices from the subject country;

            (ii) the domestic industry continues to suffer material injury on account of dumped imports;

(iii)  the material injury to the domestic industry on account of dumping of subject goods is likely to continue if the anti dumping duties from subject country are revoked,

and has recommended continued imposition of the anti-dumping duty on the subject goods, originating in or exported from subject country.

            Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 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, the Central Government, after considering the aforesaid final 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 the sub-heading of the First Schedule to the 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 the rate equal 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 as per unit of measurement as specified in the corresponding entry in column (9), of the said Table, namely:-

Table

2.         The anti-dumping duty imposed under this notification shall be effective 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 paid in Indian currency.

Explanation.-   For the purposes of this notification, 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 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.354/24/2002-TRU (Pt.-I)]

    (Akshay Joshi)

Under Secretary to the Government of India