Imposed an anti-dumping duty on import of Borax Decahydrate

Government of India
Ministry of Finance
(Department of Revenue)

20^th April, 2006

 Notification No. 36/2006-Customs

Whereas in the matter of import of Borax Decahydrate (hereinafter referred to as the subject goods), falling under the heading 2840 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from the Turkey and the People’s Republic of China (hereinafter referred to as the subject countries), the designated authority in its preliminary findings vide notification No.  14/40/2002-DGAD dated the 26th March, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th March, 2003, had come to the conclusion that –

(a) the subject goods had been exported to India from the subject countries, below its normal value;

(b) the Indian industry had suffered material injury ;

(a) the injury had been caused cumulatively by imports of the subject goods from the subject countries.

And Whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 90/2003-Customs, dated the 10^th June, 2003, G.S.R 469(E), dated the 10^th June, 2003, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 10^th June, 2003.

And Whereas the designated authority, in its final findings vide notification No. 14/40/2002-DGAD, dated the 21^st November, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21^st November, 2003, had come to the conclusion that –

(a) the subject goods had been exported to India from the subject countries, below its normal value;

(b) the domestic industry had suffered material injury ;

(c) the material injury to the domestic industry had been caused cumulatively by the dumped imports of the subject goods from the subject countries.

And Whereas on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed final anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 2/2004-Customs, dated the 7^th January, 2004, G.S.R 14 (E), dated the 7^th January, 2004, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 7^th January, 2004.

And Whereas the designated authority, in its final findings in mid-term review, vide notification No. 15/1/2005-DGAD dated the 3^rd February, 2006, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 3^rd February, 2006, has come to the conclusion that-

(i) No dumping margin for the subject goods has been established with regard to imports from Turkey and there is no likelihood of continued dumping of subject goods from Turkey;

(ii) In view of the above, the continued imposition of antidumping duty on the subject goods from the Turkey is not necessary to offset dumping and injury to domestic industry;

and has recommended discontinuation of the anti-dumping duty imposed on imports of subject goods, originating in, or exported from, the Turkey.

Now, therefore, in exercise of the powers conferred by sub-section  (1) of section 9A of the said Customs Tariff Act, 1975, read with rule 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 hereby makes the following   amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 2/2004-Customs, dated the 7^th January, 2004, G.S.R 14 (E), dated the 7^th January, 2004, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 7^th January, 2004, namely:-.

In the said notification, for the “Table” the following “Table” shall be substituted, namely; –

“TABLE”

F.No.354/22/2003-TRU

Note: – The principal notification No. 2/2004-Customs, was issued on 7^th January, 2004, and was published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R 14 (E), dated the 7^th January, 2004.