Anti-dumping duty on the import of Caustic Soda, originating in or exported from Saudi Arabia, Iran. Japan and United States of America - 49/2012 - Anti Dumping Duty

[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.49/2012-Customs (ADD) New Delhi, the 26 th November, 2012 G.S.R. 847 (E). Whereas, the designated authority, vide its notification No. 15/28/2010-DGAD, dated the 2 nd September, 2011 published in Part I, Section I of the Gazette of India, Extraordinary, dated the 2 nd September, 2011, had initiated a sunset review in the matter of continuation of anti-dumping on imports of Sodium Hydroxide commonly known as Caustic Soda, falling under sub-headings 2815 11 and 2815 12 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) [hereinafter referred to a subject goods], originating in, or exported fromSaudiArabia, Iran, Japan, USA and France (hereinafter referred to as subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.98/2006- Customs, dated the 13 th September, 2006 [GSR 550 (E) dated the 13 th September, 2006 ]; And whereas, the Central Government had extended the anti-dumping duty on the subject goods originating in, or exported from the subject countries vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 1/2012 -Customs dated the 6 th January, 2012, [G.S.R. 2 (E), dated the 6 th January, 2012 ] up to and inclusive of 1 st day of September, 2012; And whereas, in the matter of sunset review of anti-dumping on import of the subject goods, originating in, or exported from the subject countries, the designated authority vide its findings, No. 15/28/2010-DGAD dated the 31 st August, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31 st August, 2012, had come to the conclusion that (a) the subject goods are continuing to enter the Indian market from the SaudiArabia, Iran, Japan and United States of America at dumping prices; (b) the domestic industry is suffering material injury and likely to recur injury due to the dumped imports; (c) dumping of the subject goods from the SaudiArabia, Iran, Japan and United States of America and injury to the domestic industry is likely to continue if the duties are withdrawn; and had recommended continuation of anti-dumping duty, at specified rates in respect of imports of the subject goods, originating in, or exported from the SaudiArabia, Iran, Japan and United States of America in order to remove injury to the domestic industry; Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) 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, after considering 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 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 exported from the countries as specified in the corresponding entry in column (6), and produced by the producers as specified in the corresponding entry in column (7), and exported by the exporters as 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 said Table. 1 [Table Sr. No. Sub-heading Description of Goods Specification Country of Origin Country of Export Producer Exporter Amount (in USD) Unit of measurement (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 1. 281511 281512 Caustic Soda Any Grade Iran Iran M/S Arvand Petrochemical Company, Iran Petro Chemical commercial company Nil Dry MetricTonne 2. 281511 281512 Caustic Soda Any Grade Iran Iran Any combination other than Sr. No. 1 above 9.75 Dry Metric Tonne 3. 281511 281512 Caustic Soda Any Grade Iran Any country other than the subject countries Any Any 9.75 Dry MetricTonne 4. 281511 281512 Caustic Soda Any Grade Any country other than the subject countries Iran Any Any 9.75 Dry MetricTonne 5. 281511 281512 Caustic Soda Any Grade Saudi Arabia Saudi Arabia Saudi Petro- chemical Co. (SADAF) SHELL trading (ME) Pvt. Ltd., UAE and Petrochem Middle East FZE, Dubai 16.24 Dry MetricTonne 6. 281511 281512 Caustic Soda Any Grade Saudi Arabia Saudi Arabia Any combination other than Sr No. 5 above 16.24 Dry MetricTonne 7. 281511 281512 Caustic Soda Any Grade Saudi Arabia Any country other than the subject countries Any Any 16.24 8. 281511 281512 Caustic Soda Any Grade Any country other than the subject countries Saudi Arabia Any Any 16.24 9. 281511 281512 Caustic Soda Any Grade USA USA Any Any 55.96 10. 281511 281512 Caustic Soda Any Grade USA Any country other than the subject countries Any Any 55.96 11. 281511 281512 Caustic Soda Any Grade Any country other than the subject countries USA Any Any 55.96] 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 and shall be payable in Indian currency. 2 [3. Notwithstanding anything contained in paragraph 2, this notification, unless revoked earlier, shall remain in force up to and inclusive of the 25th November, 2018.] 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. [F.No.354/119/2005 TRU (Pt..II] (Raj Kumar Digvijay) Under Secretary to the Government of India *********** Notes: 1. Table substituted vide notification no. 39/2017 Customs(ADD) dated 23-8-2017 , before it was read as, Sl.No Sub- heading Description of goods Specification Country of origin Country of Export Producer Exporter Amount (US$) Unit of Measurement Currency (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 1 2815 11 and 2815 12 Caustic Soda Any grade United States of America United States of America Any Producer Any Exporter 55.96 Dry Metric Tonne US Dollar 2 2815 11 and 2815 12 Caustic Soda Any grade Any country other than United States of America United States of America Any Producer Any Exporter 55.96 Dry Metric Tonne US Dollar 3 2815 11 and 2815 12 Caustic Soda Any grade United States of America Any country other than United States of America Any Producer Any Exporter 55.96 Dry Metric Tonne US Dollar 4 2815 11 and 2815 12 Caustic Soda Any grade Japan Japan Any Producer Any Exporter Nil Dry Metric Tonne US Dollar 5 2815 11 and 2815 12 Caustic Soda Any grade Any country other than Japan Japan Any Producer Any Exporter Nil Dry Metric Tonne US Dollar 6 2815 11 and 2815 12 Caustic Soda Any grade Japan Any country other than Japan Any Producer Any Exporter Nil Dry Metric Tonne US Dollar 7 2815 11 and 2815 12 Caustic Soda Any grade Iran Iran Arvand Petrochemical Company (APC), Iran Petrochemical Commercial Company (PCC), Iran 1.34 Dry Metric Tonne US Dollar 8 2815 11 and 2815 12 Caustic Soda Any grade Iran Iran Arvand Petrochemical Company (APC), Iran Petrochemical Commercial Company (PCC), Iran and Petrochem Middle-east (FZE), Dubai Nil Dry Metric Tonne US Dollar 9 2815 11 and 2815 12 Caustic Soda Any grade Iran Iran Any combination other than Sl. No. 7 and 8 above 8.75 Dry Metric Tonne US Dollar 10 2815 11 and 2815 12 Caustic Soda Any grade Iran Any country other than Iran Any Producer Any Exporter 8.75 Dry Metric Tonne US Dollar 11 2815 11 and 2815 12 Caustic Soda Any grade Saudi Arabia Saudi Arabia Saudi Petrochemical Company (SADAF), Saudi Arabia Saudi Basic Industries Corporation(SABIC), Riyadh 130.60 Dry Metric Tonne US Dollar 12 2815 11 and 2815 12 Caustic Soda Any grade Saudi Arabia Saudi Arabia Saudi Petrochemical Company (SADAF), Saudi Arabia Shell Trading (M.E.) Private Limited (STME), Dubai and Petrochem Middle-east (FZE), Dubai Nil Dry Metric Tonne US Dollar 13 2815 11 and 2815 12 Caustic Soda Any grade Saudi Arabia Saudi Arabia Any combination other than Sl. No. 11 and 12 above 133.60 Dry Metric Tonne US Dollar 14 2815 11 and 2815 12 Caustic Soda Any grade Saudi Arabia Any country other than Saudi Arabia Any Producer Any Exporter 133.60 Dry Metric Tonne US Dollar 2. Inserted vide Notification No.55/2017 Dated 24-11-2017