Notification No. 49/2012-Customs (ADD),  Dated – 26th November, 2012

G.S.R. 847 (E). – Whereas, the designated authority, vide its notification No. 15/28/2010-DGAD, dated the 2nd September, 2011 published in Part I, Section I of the Gazette of India, Extraordinary, dated the 2nd September, 2011, had initiated a sunset review in the matter of continuation of anti-dumping on imports of Sodium Hydroxide commonly known as Caustic Soda, falling under sub-headings 2815 11 and 2815 12   of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) [hereinafter referred to a subject goods], originating in, or exported from Saudi Arabia, Iran, Japan, USA and France (hereinafter referred to as subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.98/2006- Customs, dated the 13th September, 2006 [GSR 550 (E) dated the 13th September, 2006 ];

And whereas, the Central Government had extended the anti-dumping duty on the subject goods originating in, or exported from the subject countries vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 1/2012 -Customs dated the 6th January, 2012, [G.S.R. 2 (E), dated the 6th January, 2012] up to and inclusive of 1st day of September, 2012;

And whereas, in the matter of sunset review of anti-dumping on import of the subject goods, originating in, or exported from the subject countries, the designated authority vide its findings, No. 15/28/2010-DGAD dated the 31st August, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st August, 2012, had come to the conclusion that –

(a) the subject goods are continuing to enter the Indian market from the Saudi Arabia, Iran, Japan and United States of America at dumping prices;

(b) the domestic industry is suffering material injury and likely to recur injury due to the dumped imports;

(c) dumping of the subject goods from the  Saudi Arabia, Iran, Japan and United States of America and injury to the domestic industry is likely to continue if the duties are withdrawn;

and had recommended continuation of anti-dumping duty, at specified rates in respect of  imports of the  subject goods, originating in, or exported from the  Saudi Arabia, Iran, Japan and United States of America  in order to remove injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) 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 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 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 at the rate equal to 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.

Table

Sl. No

 

Sub- heading

Description of

goods

Specification

Country of origin Country of Export Producer Exporter Amount (US$) Unit of Measur ement Curr ency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1

2815 11

and

2815 12

Caustic

Soda

Any grade

United States of America United States of America Any Producer Any Exporter 55.96 Dry Metric

Tonne

US Dollar
2

2815 11

and

2815 12

Caustic

Soda

Any grade

Any country other than United States of America United States of America Any Producer Any Exporter 55.96 Dry Metric

Tonne

US Dollar
3

2815 11

and

2815 12

Caustic

Soda

Any grade

United States of America Any country other than United States of America Any Producer Any Exporter 55.96 Dry Metric

Tonne

US Dollar
4

2815 11

and

2815 12

Caustic

Soda

Any grade

Japan Japan Any Producer Any Exporter Nil Dry Metric

Tonne

US Dollar
5

2815 11

and

2815 12

Caustic

Soda

Any grade

Any country other than Japan Japan Any Producer Any Exporter Nil Dry Metric

Tonne

US Dollar
6

2815 11

and

2815 12

Caustic

Soda

Any grade

Japan Any country other than Japan Any Producer Any Exporter Nil Dry Metric

Tonne

US Dollar
7

2815 11

and

2815 12

Caustic

Soda

Any grade

Iran Iran Arvand Petrochemical Company (APC), Iran Petrochemical Commercial Company (PCC), Iran 1.34 Dry Metric

Tonne

US Dollar
8

2815 11

and

2815 12

Caustic

Soda

Any grade

Iran Iran Arvand Petrochemical Company (APC), Iran Petrochemical Commercial Company (PCC), Iran and Petrochem Middle-east (FZE), Dubai Nil Dry Metric

Tonne

US Dollar
9

2815 11

and

2815 12

Caustic

Soda

Any grade

Iran Iran Any combination other than Sl. No. 7 and 8 above 8.75 Dry Metric

Tonne

US Dollar
10

2815 11

and

2815 12

Caustic

Soda

Any grade

Iran Any country other than Iran Any Producer Any Exporter 8.75 Dry Metric

Tonne

US Dollar
11

2815 11

and

2815 12

Caustic

Soda

Any grade

Saudi

Arabia

Saudi

Arabia

Saudi Petrochemical  Company

(SADAF), Saudi Arabia

Saudi Basic Industries Corporation(SABIC), Riyadh 130.60 Dry Metric

Tonne

US Dollar
12

2815 11

and

2815 12

Caustic

Soda

Any grade

Saudi

Arabia

Saudi

Arabia

Saudi Petrochemical Company (SADAF),

Saudi Arabia

Shell Trading (M.E.) Private Limited

(STME), Dubai

and Petrochem Middle-east (FZE), Dubai

Nil Dry Metric

Tonne

US Dollar
13

2815 11

and

2815 12

Caustic

Soda

Any grade

Saudi

Arabia

Saudi

Arabia

Any combination other than Sl. No. 11 and 12 above 133.60 Dry Metric

Tonne

US Dollar
14

2815 11

and

2815 12

Caustic

Soda

Any grade

Saudi

Arabia

Any country other than Saudi Arabia Any Producer Any Exporter 133.60 Dry Metric

Tonne

US Dollar

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, amended and superseded earlier) from the date of publication of this notification in the official Gazette 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 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.354/119/2005 –TRU (Pt..II]

(Raj Kumar Digvijay)

 Under Secretary to the Government of India

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