Notification No. 83/2009-Customs Duty, Dated: 30.07.2009

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

 New Delhi, 30^th July, 2009

 Notification No. 83/2009-Customs

G.S.R.    (E). – Whereas, in the matter of import of Carbon Black used in rubber applications (hereinafter referred to as the subject good), falling under tariff item 2803 00 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Australia, China PR, Russia and Thailand, (hereinafter referred to as the subject countries) and imported into India, the designated authority vide its preliminary findings vide notification No. 14/21/2008-DGAD, dated the 25^th May, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25^th May, 2009, had come to the conclusion that-

(a) the subject goods have been exported to India from the subject countries below their normal value;

(b)  the domestic industry has suffered material injury; and

(c)  the injury has been caused by the dumped imports from subject countries;

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

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 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), and exported from the countries as specified in the corresponding entry in column (5), and produced by the producer as specified in the corresponding entry in column (6), and exported by the exporter as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty  equal to the amount mentioned  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.

 Table

Provided that nothing contained in this notification except for the entry at serial number 1 of the Table shall apply to Carbon Black grades N880, N990 and N991 and Carbon black grades meant for semi conductive compound applications.

2. The anti-dumping duty imposed under this notification shall be effective up to and inclusive of the 29^th day of January, 2010 and shall be payable 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 sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act 1962 (52 of 1062), 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.354/130/2009-TRU]

(Limatula Yaden)

Deputy Secretary to the Government of India.