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[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.55/2016-Customs (ADD)

New Delhi, the 21
st
December, 2016
G.S.R. (E).-Whereas, the designated authority vide notification No.15/28/2014-
DGAD, dated the 21
st
July, 2015, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 21
st
July, 2015, had initiated mid-term 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), 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 (hereinafter referred to as the Anti-dumping Rules)
in the matter of continuation of anti-dumping duty on imports of Soda Ash (hereinafter
referred to as the subject goods), falling under sub-heading 2836 20 of the First Schedule to
the Customs Tariff Act, originating in, or exported from, People’s Republic of China,
European Union, Kenya, Pakistan, Iran, Ukraine and United States of America (hereinafter
referred to as the subject countries), imposed vide notification of the Government of India, in
the Ministry of Finance (Department of Revenue) No.34/2012-Customs (ADD), dated the 3
rd

July, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)
vide number G.S.R.528(E), dated the 3
rd
July, 2012;
And, whereas, the designated authority, in its final findings in mid-term review
(hereinafter referred to as the final findings) vide notification No.15/28/2014-DGAD, dated
the 23
rd
September, 2016, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 23
rd
September, 2016, has come to the conclusion that-
(i) although dumping has continued despite the anti-dumping duties in force and the
dumping of subject goods from the subject countries is positive during the Period of
Investigation (hereinafter referred to as POI), the adverse impact of the same on the
volume, prices and profitability of the domestic industry is absent during the POI as
well as post-POI;
(ii) both undercutting and underselling are negative during POI as well as post-POI;
(iii) the injury margin is negative during POI as well as post-POI;
(iv) the likely injury margin, on the basis prices of third country exports by the subject
countries during the POI are also negative;
(v) price suppression and price depression effects are absent;
(vi) all most all volume parameters and price parameters of the domestic industry are
positive during POI and post-POI and there is a remarkable improvement of lasting
nature in the performance of the domestic industry;
(vii) although dumping continues, neither it has caused injury to the domestic industry, nor
is there any likelihood of causing injury in the event of revocation of the anti-
dumping duties,

and has recommended revocation of the anti-dumping duties imposed on the imports of
the subject goods, originating in or exported from the subject countries;

And whereas, the said final findings dated the 23
rd
September, 2016 were challenged
in the Hon’ble High Court of Gujarat in Special Civil Applications No.16426 and 16428 of
2016 and the High Court vide it’s order dated the 13
th
December, 2016 has held that in case,
pursuant to the impugned final findings recorded by the designated authority, the Central
Government publishes a notification in the Official Gazette under rule 18 of the Anti-
dumping Rules, the same shall not be acted upon till the final disposal of these petitions.

Now, therefore in exercise of the powers conferred by sub-section (1) and sub-section
(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, and in view of the aforesaid
order of the Hon’ble High Court of Gujarat dated the 13
th
December, 2016, the Central
Government hereby rescinds the notification of the Government of India, in the Ministry of
Finance (Department of Revenue), No.34/2012-Customs (ADD), dated the 3
rd
July, 2012,
published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 528(E), dated the 3
rd
July, 2012, except as respects things done or omitted to
be done before such rescission, and such recession shall remain in abeyance subject to the
final order of the Hon’ble High Court of Gujarat in Special Civil Applications No.16426 and
16428 of 2016.

[F.No.354/198/2011–TRU (Pt.-1)]


(Anurag Sehgal)
Under Secretary to the Government of India