Notification in the matter of continuation of anti-dumping duty on imports of Peroxosulphates (Persulphates), falling under tariff-item 28334000 of the First Schedule to the Customs Tariff Act, originating in, or exported from the People’s Republic of China (China PR) and Japan


Dated 23rd May 2013

Government of India, Ministry of Finance vide its Notification No. 11/2013-Customs (ADD) dated: 16th May, 2013,  on the matter of continuation of anti-dumping duty on imports of Peroxosulphates (Persulphates), falling under tariff-item 28334000 of the First Schedule to the Customs Tariff Act, originating in, or exported from the People’s Republic of China (China PR) and Japan as under:

G.S.R. (E). -Whereas, the designated authority vide notification No. 15/9/2011-DGAD, dated the 13th March, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th March, 2012, 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 Customs Tariff Act), 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, in the matter of continuation of anti-dumping duty on imports of Peroxosulphates (Persulphates), falling under tariff-item 28334000 of the First Schedule to the Customs Tariff Act (herein after referred to as the subject goods) , originating in, or exported from the People’s Republic of China (China PR) and Japan ( hereinafter referred to as the subject countries), imposed  vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 96/2007-Customs, dated the 29th August, 2007, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.567 (E), dated the 29th August, 2007, read with notification of the Government of India, in the Ministry of Finance (Department of Revenue)No. 20/2012-Customs (ADD), dated the 4th April, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.287 (E), dated the 4th April, 2012;

And whereas the designated authority, in its final findings in Sunset Review vide notification No. 15/9/2011-DGAD, dated the 12th March, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12th March, 2013, has come to the conclusion that-

(a)  there has been continued dumping of the subject goods from China PR and the dumping is likely to continue, if the anti-dumping duty is allowed to cease;

(b)  the subject goods are entering the Indian market at dumped prices from China PR and the dumping margin is above de-minimis and should the present anti-dumping duties be revoked, dumping of the subject goods may continue causing injury to the domestic industry;

(c) as regards the country of Japan, considering the magnitude and price of Japan’s exports of subject goods world over, in the event of revocation of antidumping duty, the subject  goods are likely to be dumped in India causing injury to the domestic industry,

and has recommended continued imposition of definitive anti-dumping duty on such rates on imports of the subject goods originating in, or exported from, the subject countries, as specified in the Table therein.

Now, therefore, in exercise of the powers conferred by sub-section (1), and subsection (5) of section 9A of the  Customs Tariff Act, 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 and recommendation  of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the following Table, specification of which is specified in column (4) of the said Table,  falling under Tariff-item of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2),originating in the country specified in the corresponding entry in column (5), exported from the country specified in the corresponding entry in column (6), produced by the producer specified in the corresponding entry in column (7), exported by the exporter specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount 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 aforesaid Table, namely:-

S. No: 1, Tariff-item: 2833 40 00, Description of goods: Peroxosulphates or Persulphates, Specification: Ammonium Persulphates, Potassium Persulphates or Sodium Persulphates, Country of origin: China PR,  Country of exports: China PR, Producer: Any, Exporter: Any, Duty amount: 420, Unit: MT, Currency: US $

S. No: 2, Tariff-item: 2833 40 00, Description of goods: Peroxosulphates or Persulphates, Specification: Ammonium Persulphates, Potassium Persulphates or Sodium Persulphates, Country of origin: China PR,  Country of exports: Any,  Producer: Any,  Exporter: Any, Duty amount: 420, Unit: MT, Currency: US $

S. No: 3, Tariff-item: 2833 40 00, Description of goods: Peroxosulphates or Persulphates, Specification: Ammonium Persulphates, Potassium Persulphates or Sodium Persulphates, Country of origin: Any, Country of exports: China PR, Producer: Any, Exporter: Any, Duty amount: 420, Unit: MT, Currency: US $

S. No: 4, Tariff-item: 2833 40 00, Description of goods: Peroxosulphates or Persulphates, Specification: Ammonium Persulphates, Potassium Persulphates or Sodium Persulphates, Country of origin: Japan, Country of exports: Japan, Producer: Any, Exporter: Any, Duty amount: 822, Unit: MT, Currency: US $

S. No: 5, Tariff-item: 2833 40 00, Description of goods: Peroxosulphates or Persulphates, Specification: Ammonium Persulphates, Potassium Persulphates or Sodium Persulphates, Country of origin: Japan, Country of exports: Any, Producer: Any, Exporter: Any, Duty amount: 822, Unit: MT, Currency: US $

S. No: 6, Tariff-item: 2833 40 00, Description of goods: Peroxosulphates or Persulphates, Specification: Ammonium Persulphates, Potassium Persulphates or Sodium Persulphates, Country of origin: Any, Country of exports: Japan, Producer: Any, Exporter: Any, Duty amount: 822, Unit: MT, Currency: US $

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, amended and superseded earlier) from the date of publication of this notification in the Official Gazette.

3. The anti-dumping duty imposed under this notification shall be payable in Indian currency.

Explanation.- For the purposes of this notification, 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.

SOURCE: GOVT. OF INDIA, Ministry of Finance

 

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