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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

31st October, 2002

Notification No. 121/2002-Customs

WHEREAS in the matter of import of Sodium Hydroxide, commonly known as Caustic Soda, 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, Qatar, the designated authority vide its preliminary findings notification No.55/1/2001-DGAD dated the 18th January, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th January, 2002, had come to the conclusion that –

(a) Sodium Hydroxide, in all forms, originating in, or exported from, Qatar, had been exported to India below its normal value;
(b) the significant capacity for export purposes available with the exporter since there is very low home consumption demand in Qatar and the recent dumped imports have caused price depression and was an imminent threat to the domestic producers of Sodium Hydroxide in India;
(c) the domestic industry had suffered material injury by way of financial losses due to depressed net sales realization on account of price depression caused by low landed prices of the dumped Sodium Hydroxide;  and
(d) the injury had been caused to the domestic industry by the dumping of Sodium Hydroxide, originating in, or exported from, Qatar;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Sodium Hydroxide vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 32/2002-Customs, dated the 27th March, 2002, [G.S.R. 229(E), dated the 27th March, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th March, 2002;

AND WHEREAS the designated authority, vide its final findings notification No.55/1/2001-DGAD dated the 7th October, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th October, 2002 has come to the conclusion that –

(a) Sodium Hydroxide, in all forms, originating in, or exported from, Qatar, has been exported to India below its normal value;
(b) the significant capacity for export purposes available with the exporter since there is very low home consumption demand in Qatar and the recent dumped imports have caused price depression, is an imminent threat to the domestic producers of Sodium Hydroxide in India in view of recent increased imports;
(c) the domestic industry has suffered material injury by way of financial losses due to depressed net sales realization on account of price depression caused by low landed prices of the dumped Sodium Hydroxide;
(d) the injury has been caused to the domestic industry by dumping of Sodium Hydroxide, originating in, or exported from, Qatar;

and has recommended the imposition of definitive anti-dumping duty on all imports of  the said Sodium Hydroxide originating in, or exported from, Qatar;

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 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 final findings of the designated authority, hereby imposes on all imports of Sodium Hydroxide, falling under sub-heading 2815.11 or 2815.12 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Qatar, when exported by the exporter or producer specified in the corresponding entry in column (2) of the said Table and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (3) of the said Table  and  the landed value, in US $ per metric tonne, of such imported Sodium Hydroxide.

Table

S.No. Name of the exporter/producer Amount
( US$  per metric tonne)
(1) (2) (3)
1. M/s Qatar Vinyl Company (QVC) Ltd. 267.82
2. Other than that specified against S.No.1 271.10

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 27th March, 2002, and shall be paid in Indian currency.  

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; and

(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 and Company Affairs (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 said Customs Act, 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.

Aman Kumar Singh
Under Secretary to the Government of India

F.No.354/11/2002-TRU

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