[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

19th December, 2005

Notification No. 102/2005-Customs

Whereas  the designated authority vide notification No.15/9/2003-DGAD dated the 29th March, 2004, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 29th March, 2004, had initiated review in the matter of continuation of final anti-dumping duty on Sodium Cyanide (hereinafter referred to as the subject goods), falling under Sub-heading 2837 11of 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 United States of America, European Union, Czech Republic and Korea RP, imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 83/2000-CUSTOMS, dated the 6th June, 2000, G.S.R. 522 (E), dated the 6th June, 2000,  superseded by notification No. 10/2001-CUSTOMS dated 31st January 2001,G.S.R. 47(E), dated the 31st January, 2001 and extended by notification No.56/2005-CUSTOMS, dated 23rd June 2005, G.S.R. 420(E), dated the 23rd June, 2005;

And Whereas, the designated authority in notification No. 15/9/2003-DGAD, dated the 27th September, 2005, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 27th September, 2005, after conducting Sunset Review has come to the conclusion that-

(a) the subject goods continue to be dumped from the Korea RP and United States of America, and dumping margins of the subject goods imported from these countries are significant and above de minimis;

(b) there is no likelihood of dumping to continue or recur from the European Union, if the duties are revoked. However, dumping is likely to continue from the Korea RP and United States of America if the duties are revoked;

(c) the domestic industry continues to suffer material injury on account of the dumped imports from Korea RP and United States of America;

(d) injury to domestic industry is likely to continue or recur if the duties are revoked in respect of imports from Korea RP and United States of America. However, injury to the domestic industry is not likely to recur if the duties are revoked in respect of imports from the European Union;

and has recommended the continued imposition of definitive anti-dumping duty on all imports of  Sodium Cyanide, originating in, or exported from United States of America, and Korea RP;

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and 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, on the basis of the aforesaid final 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 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 the corresponding entry in column (4),  originating in the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), 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 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
Specifi
cation
Country of origin
Country of export
Producer
Exporter
Duty amt
Unit of measure
ment
Currency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
1
2837 11
Sodium Cyanide
Any
Korea RP
Any except United States of America
M/s Tong Shuh Petrochemicals Corporation
M/s Hanwah
Corporation
29.62
Metric Tonne
Dollar of United States of America
2
2837 11
Sodium Cyanide
Any
Korea RP
Any except United States of America
Any except M/s Tong Shuh Petrochemicals Corporation
Any except M/s Hanwah
Corporation
250.88
Metric Tonne
Dollar of United States of America
3
2837 11
Sodium Cyanide
Any
Any except Korea RP and United States of America
Korea RP
Any except M/s Tong Shuh Petrochemicals Corporation
Any except M/s Hanwah
Corporation
250.88
Metric Tonne
Dollar of United States of America
4
2837 11
Sodium Cyanide
Any
United States of America
Any
Any
Any
268.27
Metric Tonne
Dollar of United States of America
5
2837 11
Sodium Cyanide
Any
Any except United States of America
United States of America
Any
Any
268.27
Metric Tonne
Dollar of United States of Americ

2. This notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) and the anti-dumping duty 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, 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 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. 354/166/99-TRU (Pt.-IV)]

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