[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. 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 8 th December, 2014;
And whereas, the
Central Government had extended the period of imposition of antidumping 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 antidumping 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 antidumping 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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