Regarding continuation of anti-dumping duty on imports of Sodium Nitrite originating in, or exported from, People’s Republic of China – Notification No.76/2011-Customs

The government has decided vide Notification No. 76/2011-Customs -Dated the 17th August, 2011 to continue imposing anti-dumping duty of up to $ 515.94 per tonne on imports of a chemical from China, used in industries like pharmaceuticals and dyeing, for five more years to protect domestic industry. The restrictive duty on Sodium Nitrite, which is also used in the meat processing and textile sectors, was initially imposed in 2006. The anti-dumping duty imposed shall be levied for a period of five years (unless revoked, superseded or amended earlier).

The decision comes following a review carried out by the government on continuation of duty on the product. The Commerce Ministry had recommended continuation of the duty.

Anti-dumping duty on the product was originally imposed after it was found that consignments were exported to India from China at below the normal value. Based on a probe, it was concluded that the domestic industry had suffered a material injury due to dumping of the chemical at a predatory price.

Anti-dumping duty is recommended by the Commerce Ministry, while the Finance Ministry imposes the same.

Unlike safeguard duties, which are levied in a uniform way, anti-dumping duties vary from product-to-product and from country-to-country.

Countries initiate anti-dumping probes to check if domestic industry has been hurt because of a surge in cheap imports.

As a counter-measure, they impose duties under the multilateral WTO regime. Anti-dumping measures are taken to ensure fair trade and provide a level playing field to domestic players. It is not a measure to restrict imports or cause an unjustified increase in the cost of products.

Notification No. 76/2011-Customs – Dated the 17th August, 2011

G.S.R. 628(E). -Whereas, the designated authority vide notification No. 15/04/2010-DGAD, dated the 1st July, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 1st July, 2010, had initiated review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on imports of Sodium Nitrite (hereinafter referred to as the subject goods), falling under sub-heading 28341010 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People’s Republic of China (hereinafter referred to as the subject country), imposed vide  notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 03/2006-Customs, dated the 17th January, 2006, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.18(E), dated the 17th January, 2006, as superseded vide  notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 143/2009-Customs, dated the 22nd December, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.918(E), dated the 22nd December, 2009, and had recommended, vide notification No. 15/04/2010-DGAD, dated the 30th June, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th  June, 2011, continuation of anti-dumping duty at the modified rates on imports of the subject goods originating in, or exported from, the subject country.

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, 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, on the basis of the aforesaid findings of the designated authority, hereby imposes anti- dumping duty 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), originating in the countries as specified in the corresponding entry in column (4),  and exported from the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (6), and exported by the exporters as specified in the corresponding entry in column (7), 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 (8), in the currency as specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.

Table

Sl.No. Sub- heading Description of goods Country of origin Country of export Producer Exporter Amount Unit of measurement Currency
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
1 28341010 Sodium Nitrite China PR

China PR

Any

Any

515.94

Metric Tonne

US Dollar

2 28341010 Sodium Nitrite China PR

Any country other than China PR

Any

Any

515.94 Metric Tonne

US Dollar

3 28341010 Sodium Nitrite Any country other than China PR

China PR

Any

Any

515.94 Metric Tonne

US Dollar

 3. The anti-dumping duty imposed shall be levied 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 payable in Indian currency.

Explanation.For the purpose of this notification,-

(a) Landed value of imports shall be the assessable value as determined by the Customs Authority under the Customs Act, 1962 and all duties of Customs except duties under sections 3, 3A, 8B, 9 and 9A of the Customs Tariff Act, 1975.

(b)  ‘rate of exchange’ for 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.354/41/2000-TRU (Pt.IV)]

(Samar Nanda)

Under Secretary to the Government of India

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