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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

27th March, 2003

Notification No. 48/2003-Customs

WHEREAS in the matter of import of Sodium Hydroxide, commonly known as Caustic Soda, falling under sub-heading 2815 11 or tariff item 2815 12 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union (excluding France), Indonesia and Chinese Taipei (herein after referred to as the subject countries), the designated authority vide its preliminary findings notification No.14/39/2002-DGAD dated the 8th January, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th January, 2003 has come to the conclusion that –

(a)

Sodium Hydroxide, in all forms originating in, or exported, from the subject countries has been exported to India below its normal value;

(b)

the domestic industry has also suffered material injury;

(c)

the injury has been caused to the domestic industry by dumping of Sodium Hydroxide originating in or exported from the subject countries;

and has recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Sodium Hydroxide, originating in, or exported from, the subject countries;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 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 or tariff item 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 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 difference between, 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, and the landed value of such imported goods in like currency per like unit of measurement.

Table

S.No.
Sub-heading or tariff item
Description of goods
Specification
Country of origin
Country of Export
Producer
Exporter
Amount
Unit of measurement
Currency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
1.
2815 11 or 2815 12 00
Sodium Hydroxide
Any specification
Chinese Taipei or European Union excluding France
Any country
Any producer
Any exporter
271.93
Metric tonne
US Dollar
2.
2815 11 or 2815 12 00
Sodium Hydroxide
Any specification
Indonesia
Any country
Any producer
Any exporter
233.58
Metric tonne
US Dollar
3.
2815 11 or 2815 12 00
Sodium Hydroxide
Any specification
Any country other than, Chinese Taipei and European Union excluding France
Indonesia
Any producer
Any exporter
233.58
Metric tonne
US Dollar
4.
2815 11 or 2815 12 00
Sodium Hydroxide
Any specification
Any country other than, Indonesia
Chinese Taipei or European Union excluding France
Any producer
Any exporter
271.93
Metric tonne

US Dollar

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 26th day of September, 2003, and shall be payable 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;

(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.

Alok Shukla
Deputy Secretary to the Government of India

F.No.354/8/2003-TRU

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