Seeks to impose anti-dumping duty on the imports of “Sodium Nitrite” originating in or exported from China PR

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 40/2017-Customs (ADD)

New Delhi, dated the 25th August, 2017

G.S.R. (E).-Whereas, the designated authority vide notification No. 15/06/2016-DGAD dated the 27th July, 2016, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 27th July, 2016, had initiated third sunset review investigation in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the 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 tariff item 2834 10 10 of the First Schedule to the Customs Tariff Act, 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. 76/2011-Customs, dated 17th August 2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.628 (E), dated the 17th August 2011;

And whereas, the Central Government had issued the notification in supersession of notification No. 76/2011-Customs, G.S.R.628 (E), dated the 17th August 2011 for continued imposition of anti-dumping duty at the modified rates vide notification No. 46/2014- Customs (ADD) dated the 8th December, 2014, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.877 (E), dated the 8th December, 2014;

And whereas, the Central Government had extended the period of imposition of anti-dumping duty on the subject goods, originating in or exported from the subject country up to and inclusive of the 16th August, 2017 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 39/2016-Customs (ADD), dated 8th August, 2016, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.773 (E), dated the 8th August, 2016;

And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, the Designated Authority in its final findings, published vide notification No. 15/06/2016-DGAD, dated the 19th July, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th July, 2017 has come to the conclusion that–

(i) there is continued dumping of the product concerned from subject country, causing injury to the domestic industry;

(ii) imports are significantly undercutting and underselling the prices of the domestic industry;

(iii) cessation of anti dumping duty is likely to lead to continuation and recurrence of dumping and injury to the domestic industry,

and has recommended continued imposition of anti-dumping duty 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) and sub-section (5) of section 9A of the Customs Tariff Act read with rules 18 and 23 of the said rules, the Central Government, on the basis of the aforesaid findings of the Designated Authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under tariff item 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), exported from the countries as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), 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 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:-

Table

Sr. No.
Tariff Item
Description of Goods
Country of origin
Country of Export
Producer
Exporter
Duty Amount
Unit of Measure
Currency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
1
2834 10 10
Sodium Nitrite
China PR
China PR
Any
Any
72.95
Metric Tonne
US Dollar
2
-Do-
-Do-
China PR
Any country other than China
Any
Any
72.95
Metric Tonne
US
Dollar
3
-Do-
-Do-
Any Country other than China
China PR
Any
Any
72.95
Metric Tonne
US Dollar

2. 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, 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 Act.

[F. No.354/41/2000-TRU (Pt.V)]

(Gunjan Kumar Verma)

Under Secretary to the Government of India

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