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17
th
January, 2006.
Notification No. 3/2006 - Customs
Whereas, the designated authority vide notification No.39/1/1999-DGAD, dated the 2nd December, 2004, published in Part I,
Section 1 of the Gazette of India, Extraordinary, dated the 2nd December, 2004, had initiated review in the matter of
continuation of final anti-dumping duty on Sodium Nitrite (herein after referred to as the subject goods), falling under Sub-
heading 2834 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from China PR
(herein after referred to as the subject country), imposed vide notification of Government of India in the Ministry of Finance
(Department of Revenue), No. 147/2000-Customs, dated the 19
th
December, 2000, G.S.R. 919 (E), dated the 19
th
December, 2000, and extended by Notification No. 60/2005-Customs dated 4th July, 2005,G.S.R. 452 (E), dated the 4th July,
2005.
And whereas, the designated authority vide notification No. 39/1/1999-DGAD, dated the 1
st
December, 2005, published in
Part I, Section 1 of the Gazette of India, Extraordinary, dated the 1
st
December, 2005, after conducting Sunset Review has
come to the conclusion that-
(a) the subject goods have entered from subject country at less than its normal value and the dumping margin of the
subject goods imported from subject country are substantial and above de minimis level;
(b) there is likelihood of dumping to continue or recur from the subject country, if the duties are revoked.
(c) the domestic industry continues to suffer material injury at present and the cause of the current injury is due to the
volume as well as price effect of the dumped imports from the subject country;
(d) injury to domestic industry is likely to continue if the duties are revoked in respect of imports from subject country;
(e) however, re-export or trans-shipment of goods of Chinese origin, if any, will be adequately covered under the duty
imposed against subject country.
and has recommended the continued imposition of definitive anti-dumping duty on all 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), read with sub-section (5) of section 9A of the said
Customs Tariff Act, and 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 final
findings of the designated authority, hereby imposes on the 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 the corresponding entry in column (4), originating in the country as
specified in the corresponding entry in column (5) , and produced by the producers as specified in the corresponding entry in
column (7), when exported from the country as specified in the corresponding entry in column (6), by the exporters as specified
in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the
difference between, 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, and the landed value of such imported goods in like currency per like unit of measurement;
Table
Sl.No.
Sub
heading
Description of
goods
Specifi-
cation
Country of origin
Country of
export
ProducerExporteramount
Unit of
measurement
Currency
(1)(2) (3) (4) (5) (6) (7) (8) (9)(10) (11)
12834 10Sodium NitriteAll gradesChina PR Any AnyAny481Metric TonneUS $
22834 10Sodium NitriteAll grades
Any other than
China PR
China PRAnyAny481Metric TonneUS $
2. This notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) and the anti-
dumping duty shall be paid in Indian currency.
Explanation. - For the purposes 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 Customs Tariff 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, issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3)
of section 14 of the said Customs Act, 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.354/41/2000-TRU (Pt-III)