NOTIFICATION NO. 40/2015-Cus.,(ADD), Dated: August 12, 2015  Seeks to impose anti-dumping duty on the imports of Potassium Carbonate, originating in or exported from Taiwan and Korea RP for a period of five years

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
NEW DELHI

Notification No. 40/2015-Customs (ADD),

Dated: August 12, 2015

Whereas, the designated authority, vide notification No. 15/12/2014- DGAD, dated the 9th June, 2014, 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 Potassium Carbonate (hereinafter referred to as the subject goods) falling under tariff item 2836 40 00 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, People’s Republic of China, Korea RP and Taiwan (hereinafter referred to as the subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 61/2009-Customs, dated the 10th June, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 399(E), dated the 10th June, 2009;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject countries upto and inclusive of the 9th June, 2015, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.34/2014-Customs (ADD), dated the 23rd July, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R 529(E), dated the 23rd July, 2014;

And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject countries, the designated authority in its final findings, published vide notification No. 15/12/2014-DGAD, dated the 8th June, 2015, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-

(i) the subject goods from Taiwan are entering in the Indian market at dumped prices;

(ii) there is likelihood of recurrence of dumping and injury from Korea RP;

(iii) there is no likelihood of recurrence of dumping and injury from People’s Republic of China and European Union,

and has recommended continued imposition of the anti-dumping duty on the subject goods, originating in or exported from the subject countries except the People’s Republic of China and European Union, with modifications.

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, specification of which is specified in column (4), falling under tariff item 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 (5), exported from the countries as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), 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 as per unit of measurement as specified in the corresponding entry in column (10) of the said Table, namely:-

Table
S. No.
Tariff item
Descri-
ption of goods
Specifi-cation
Country of origin
Country of export
Producer
Exporter
Amt.
Unit of measu-rement
Curr-
ency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
1.
2836 40 00
Potassium Carbonate
Any specification
Taiwan
Taiwa
Any
Any
153
Metric Tonne
US Dollar
2.
2836 40 00
Potassium Carbonate
Any specification
Taiwan
Any country other than Taiwan
Any
Any
153
Metric Tonne
US Dollar
3.
2836 40 00
Potassium Carbonate
Any specification
Any country other than Korea RP and Taiwan
Taiwan
Any
Any
153
Metric Tonne
US Dollar
4.
2836 40 00
Potassium Carbonate
Any specification
Korea RP
Korea RP
M/s UNID Co. Ltd.
M/s UNID Co. Ltd.
9.45
Metric Tonne
US Dollar
5.
2836 40 00
Potassium Carbonate
Any specification
Korea RP
Korea RP
Any combination other than S. No. 4 above
123.86
Metric Tonne
US Dollar
6.
2836 40 00
Potassium Carbonate
Any specification
Korea RP
Any country other than Korea RP
Any
Any
123.86
Metric Tonne
US Dollar
7.
2836 40 00
Potassium Carbonate
Any specification
Any country other than Korea RP and Taiwan
Korea RP
Any
Any
123.86
Metric Tonne
US Dollar

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.354/43/2003-TRU (Pt. II)]

(Akshay Joshi)
Under Secretary to the Government of India

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