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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

14th September, 2005

Notification No. 82/2005-Customs

 Whereas, in the matter of import of Potassium Permanganate, falling under sub heading No. 2841 61 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 “P.R. of China”) Chinese Taipei and Hong Kong, the designated authority, vide its final findings published in the Gazette of India, Extraordinary I, Section 1, dated the 10th September, 2001 had come to the conclusion that –

(a) Potassium Permanganate, originating in or exported from People’s Republic of China, Chinese Taipei and Hong Kong, have been exported to India below normal value, resulting in dumping;

(b) the Indian industry has suffered material injury;

(c) the injury has been caused cumulatively by the dumped imports 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 Potassium Permanganate vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 113/2001 dated 1st November, 2001, [G.S.R. 815(E), dated the 1st November, 2001], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 1st November, 2001. Subsequently, in view of the erstwhile Customs, Excise and Gold (Control) Appellate Tribunal’s order No.03/2002-AD, dated the 28th October, 2002, Notification No.113/2001-Customs dated the 1st November, 2001, was superseded by Notification No. 85/2003-Customs dated the 27th May, 2003, [G.S.R. 436(E), dated the 27th May, 2003], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th May, 2003;

And whereas, the designated authority, vide its final findings in mid-term review notification No.15/2/2004-DGAD, dated the 3rd June, 2005, has come to the conclusion that –

1 The subject goods have entered from the People’s Republic of China at less than its fair value and the dumping margins of the subject goods imported from the People’s Republic of China are substantial and above de minimis level;
2 There is also a likelihood of dumping to continue or recur from the People’s Republic of China if the duties are revoked;
3 The domestic industry continues to suffer marginal material injury at present and    the cause of the current injury is due to the volume as well as price effect of the dumped imports from the Republic of China;
4 Injury to domestic industry is likely to continue if the duties are revoked in respect of imports from People’s Republic of China;
5 Therefore, continued imposition of the antidumping duty is warranted against goods originating in    or exported from the People’s Republic of China to offset dumping;
6 There is no imports and therefore, dumping from Chinese Taipei, and Hong Kong, during the    injury investigation period. There is also no production of the subject goods in these two countries. Therefore, there is no likelihood of dumping to continue and/or recur from Chinese Taipei, if the duties are revoked. However, re-export or transshipment of goods of Chinese origin, if any will be adequately covered under the duty imposed against the People’s Republic of China. Therefore continued imposition of duty against these two countries is not warranted,  and recommended
7 “Continued imposition of definitive anti-dumping duty on imports of the subject goods originating in or exported from People’s Republic of China, equal to lower of margin of dumping and the margin of injury, so as to offset dumping and remove the injury to the domestic industry”.

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-sections (5) and (6) of the said section 9A and rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, and in supersession of the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.85/2003-Customs dated the 27th May, 2003 [G.S.R.436(E), dated the 27th May, 2003], except as respects things done or omitted to be done before such supersession,  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  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 Specific

ation of goods

Country
of origin
Country
of export
Producer Exporter Duty
amt
Unit Curr

ency

(1) (2)  (3) (4) (5) (6) (7) (8) (9) (10) (11)
1 284161 Potassium

Permanganate KmnO4

All grades P.R.of China Any M/s Groupstar Yunnan, LLC, China Any 285 MT US $
2 284161 Potassium

Permanganate KmnO4

All grades P.R.of China Any Any (other than above) Any 352 MT US $
3 284161 Potassium

Permanganate KmnO4

All grades Any P.R.of China Any Any 352 MT US $

2. The anti-dumping duty imposed under this notification shall be effective up to and inclusive of the 11th day of March, 2006, and shall be paid in Indian currency.

Explanation. – For the purposes of this notification, –

(a) 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 (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 Customs Act, 1962 (52 0f 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.354/7/2001-TRU (Pt-I)]

Ajay
UNDER SECRETARY TO THE GOVERNMENT OF INDIA

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Category : Custom Duty (6694)
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