TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 137/2008-Customs

New Delhi, the 26th  December, 2008

G.S.R.  (E). – Whereas, the designated authority vide notification No. 15/11/2007-DGAD, dated the 22nd November, 2007, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 22nd November, 2007, had initiated review, in the matter of continuation of anti-dumping on imports of Sodium Hydroxide commonly known as Caustic Soda (hereinafter referred to as the subject goods), falling under sub-heading 2815 11 or 2815 12 of the First Schedule to the Customs Tariff Act 1975 (51 of 1975), originating in, or exported from, Korea ROK and the People’s Republic of China (hereinafter referred to as the subject countries), imposed vide  notification of the Government of India (Department of Revenue), No.142/2003-Customs, dated the 23rd September, 2003,  published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated23rd September, 2003,  vide number G.S.R.759(E), dated the 23rd September, 2003;

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 25th December, 2008 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 121/ 2007-Customs, dated 20th December, 2007, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 20th December, 2007, vide number G.S.R. 784(E), dated the 20th December, 2007;

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the subject countries, the designated authority vide its final findings No. 15/11/2007-DGAD dated the 21st November, 2008 published in the Gazette of India, Extraordinary, Part I, Section 1, dated 21st November, 2008, has come to the conclusion that-

(a)    subject goods originating in or exported from the People’s Republic of China has been exported to India below their normal value, resulting in dumping;

(b)    the performance of domestic industry has improved during the continuation of anti-dumping duty on the subject goods; and

(c)     discontinuation of anti-dumping duties on the subject goods from subject countries likely to continue from the People’s Republic of China and likely to recur from Korea ROK leading to the recurrence of injury to the domestic industry;

and has recommended continued imposition of definitive anti-dumping duty against the subject goods, originating in, or exported from, the subject countries 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 a rate  which is equivalent to the difference between, the reference price 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

S. No
Sub-
heading
Descrip
tion of Goods
Specification
Country of Origin
Country of Export
Producer
Exporter
Amount
Unit of Measure
ment
Curr
ency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
1.
2815 11
or
2815 12
Caustic soda
Caustic soda lye and caustic soda solid/flakes
Korea ROK
Korea ROK
M/s Hanwha Chemical Corporation
M/s Hanwha Corporation
Not applicable
Dry Metric Tonne
US dollar
2.
2815 11
or
2815 12
Caustic soda
Caustic soda lye and caustic soda solid/flakes
Korea ROK
Korea ROK
M/s Hanwha Chemical Corporation
M/s Tricon Energy Ltd., United States of America (USA)
Not applicable
Dry Metric Tonne
US dollar
3.
2815 11
or
2815 12
Caustic soda
Caustic soda lye and caustic soda solid/flakes
Korea ROK
Korea ROK
Any other than at S. No. 1 and  2 above
401.05
Dry Metric Tonne
US dollar
4.
2815 11
or
2815 12
Caustic soda
Caustic soda lye and caustic soda solid/flakes
Korea ROK
Any country other than Korea ROK
Any
Any
401.05
Dry Metric Tonne
US dollar
5.
2815 11
or
2815 12
Caustic soda
Caustic soda lye and caustic soda solid/flakes
Any country other than subject countries
Korea ROK
Any
Any
401.05
Dry Metric Tonne
US dollar
6.
2815 11
or
2815 12
Caustic soda
Caustic soda lye and caustic soda solid/flakes
People’s Republic of China
People’s Republic of China
Any
M/s Tricon Energy Ltd.,
United States of America
(USA)
401.05
Dry Metric Tonne
US dollar
7.
2815 11
or
2815 12
Caustic soda
Caustic soda lye and caustic soda solid/flakes
People’s Republic of China
People’s Republic of China
Any other than at S.No.6 above
401.05
Dry Metric Tonne
US dollar
8.
2815 11
or
2815 12
Caustic soda
Caustic soda lye and caustic soda solid/flakes
People’s Republic of China
Any country other than People’s Republic of China
Any
Any
401.05
Dry Metric Tonne
US dollar
9.
2815 11
or
2815 12
Caustic soda
Caustic soda lye and caustic soda solid/flakes
Any country other than subject countries
People’s Republic of China
Any
Any
401.05
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, superseded or amended earlier) from the date of publication of this notification in the Gazette of India.

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 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.354/185/2002 -TRU (Pt-I)]

(Unmesh Wagh)

Under Secretary to the Government of India.

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