Custom: Notification No. 95/2011 dated 3rd October, 2011

Thursday, October 6, 2011 | comments

 [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
                                                          
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No.95 /2011-Customs

New Delhi, dated the 3rd October, 2011

G.S.R.  (E). – Whereas, the designated authority vide notification No. 15/2/2010-DGAD, dated the 8th June, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1  dated the 8th June, 2010, had initiated review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) 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), inter alia in the matter of continuation of anti-dumping duty on Caustic Soda  (hereinafter referred to as the subject goods) falling under Chapter 28 of the First Schedule to the Customs Tariff Act 1975, (51 of 1975),originating in, or exported from, Korea RP  (hereinafter referred to as the subject country), imposed vide  notification of the Government of India in the  Ministry of Finance (Department of Revenue), No.137/2008-Customs, dated the 26th December, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.889(E), dated the 26th December, 2008;

And whereas, in the matter of Mid-term review of anti-dumping on import of the subject goods, originating in, or exported from, the subject country, the designated authority vide its final findings No. 15/2/2010-DGAD dated the 7th July, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th July, 2011, had come to the conclusion that-

(i)         the subject goods had been exported to India from the subject countries below its   normal value;
(ii)          the domestic industry had suffered material injury;
(iii)        the injury had been caused by the dumped imports from subject countries.
                       
            and had recommended imposition of definitive anti-dumping equal to the lesser margin of dumping on imports of the subject goods, originating in, or exported from, the subject country, so as to remove injury to the domestic industry;
           
            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 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 subject 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, specified in the corresponding entry in column (2), originating in the country specified in the corresponding entry in column (4), and exported from the country specified in the corresponding entry in column (5) and produced by the producer specified in the corresponding entry in column (6) and exported by the exporter 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 specified in the corresponding entry in column (8), in the currency specified in the corresponding entry in column (10) and per unit of measurement 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.






2.         The anti-dumping duty imposed under this notification shall be effective up to and inclusive of 25th December, 2013 with effect from the date of publication of this notification in the official Gazette and will be paid in Indian currency.

 Explanation. – For the purpose 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 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 (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.354/92/2011-TRU]

 (Raj Kumar Digvijay)
Under Secretary to the Government of India.

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