[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. 136/2009-Customs
New Delhi, dated the 9
th
December, 2009
G.S.R. (E). - Whereas in the matter of import of Saccharin (hereinafter referred to as the subject goods), falling under sub-
heading 2925 11 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from
People"s Republic of China (hereinafter referred to as the subject country), the designated authority in its preliminary findings
vide notification No. 14/27/2004-DGAD dated the 1
st
April, 2006, published in the Gazette of India, Extraordinary, Part 1,
Section 1, dated the 4
1
"
1
April, 2006 had come to the conclusion that -
(i) the subject goods had been exported to India from the subject country below its normal value;
(ii) the domestic industry had suffered material injury;
(iii) the injury had been caused by the dumped imports from subject country;
and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in or exported
from the subject country;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed
provisional anti-dumping duly on the subject goods, vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 54/2006-Customs, dated the 6
th
June, 2006, published in Part II, Section 3, Sub-section (i) of
the Gazette of India, Extraordinary, dated the 6
th
June, 2006 vide number G.S.R. 342(E), dated the 6
th
June, 2006;
And whereas, the designated authority, in its final findings vide notification No. 14/27/2004-DGAD, dated the 3
rd
January,
2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3
rd
January, 2007, subsequently amended
vide notification No. 14/27/2004-DGAD, dated the 12
th
February, 2007, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 13
th
February, 2007, had come to the conclusion that-
(a) the subject goods had been exported to India from the subject country below its normal value;
(b) the domestic industry had suffered material injury;
(c) the injury had been caused by the dumped imports from subject country;
and had recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in or
exported from the subject country;
And whereas on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed final
anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of
Revenue), No 41/2007-CUSTOMS, dated the 19
th
March, 2007 published in Part II, Section 3, Subsection (i) of the Gazette of
India, Extraordinary, dated the 19
th
March, 2007 vide number G.S.R. 205(E), dated the 19
th
March, 2007;
And whereas the designated authority, in its final findings in mid-term review, vide notification No. 15/15/2008-DGAD, dated
the 6
th
November, 2009, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 6
th
November, 2009, has
come to the conclusion that-
(a) the subject goods are entering the Indian market at dumped prices and dumping margins of the subject goods imported
from China PR is significant and above de-minimis limits prescribed. The subject goods continue to be exported to India at
dumped prices in spite of existing anti dumping duties;
(b) considering the facts available on record, the subject goods are likely to enter Indian market from subject country at dumped
prices, should the present measures be withdrawn;
(c) the situation of domestic industry deteriorated further in spite of existing anti dumping duties;
(d) the deterioration in the performance of the domestic industry is because of dumped imports from China PR;
(e) the current level of anti dumping duty is insufficient to address continued dumping and consequent injury to the domestic
industry and thus the anti-dumping duty is required to be modified as recommended below;
and has recommended continued imposition of definitive 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 sections (1) and (5) of section 9A of the said 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 and in supersession of the notification of the Government of India in the
Ministry of Finance (Department of Revenue), No. 41/2007-Customs, dated the 19
th
March, 2007, vide number G.S.R 205 (E),
dated the 19
th
March, 2007, except as respects things done or omitted to be done before such supersession, the Central
Government, on the basis of aforesaid finding and recomendation 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 or 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), originating in the country 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 a rate which is 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.
TABLE
SI.
No
Tariff
item
Description
of Goods
Specification
Country of
Origin
Country
of
Export
Producer ExporterAmount
Unit of
Measurement
Currency
(1)(2))(3) (4) (5) (6) (7) (8) (9)(10) (11)
1
2925 11
00
SaccharinAll grades
People"s
Republic of
China
People"s
Republic
of
China
Shanghai
Fortune
Chemicals Co.
Ltd., China
Majestic
International
Trading
Co.
Ltd.
0.96 Kg
US
Dollar
2
2925 11
00
SaccharinAll grades
People"s
Republic of
China
People"s
Republic
of
China
Any combination other
than serial
Number 1
3.99 KgUS Dollar
3
2925 11
00
SaccharinAll grades
People"s
Republic of
China
Any
other
than
People"s
Republic
of
China
Any Any 3.99 Kg
US
Dollar
1
2925 11
00
SaccharinAll grades
Any other
than
People"s
Republic of
China
People"s
Republic
of
China
Any Any 3.99 Kg
US
Dollar
2. This notification shall remain in force upto and inclusive of the 5
th
June, 2011, unless the notification is revoked earlier. The
anti-dumping duty shall be paid in Indian currency.
Explanation. - For the purposes of this notification, "rate of exchange" applicable for the purposes of calculation of 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 sub-clause (i) of clause (a) of sub-
section (3) of section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for 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. 354/54/2006 -TRU (Pt. I)]
(Limatula Yaden)
Deputy Secretary to the Government of India.
