14th September, 2005
Notification No. 82/2005-Customs
Whereas, in the matter of import of Potassium Permanganate, falling under sub heading No. 2841 61 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 "P.R. of China") Chinese Taipei and Hong Kong, the designated authority, vide its final findings published in the Gazette of
India, Extraordinary I, Section 1, dated the 10
th
September, 2001 had come to the conclusion that -
(a) Potassium Permanganate, originating in or exported from People's Republic of China, Chinese Taipei and Hong Kong,
have been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the dumped imports from the subject countries;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-
dumping duty on Potassium Permanganate vide notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 113/2001 dated 1
st
November, 2001, [G.S.R. 815(E), dated the 1st November, 2001], published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 1st November, 2001. Subsequently, in view of the
erstwhile Customs, Excise and Gold (Control) Appellate Tribunal's order No.03/2002-AD, dated the 28
th
October, 2002,
Notification No.113/2001-Customs dated the 1
st
November, 2001, was superseded by Notification No. 85/2003-Customs
dated the 27
th
May, 2003, [G.S.R. 436(E), dated the 27
th
May, 2003], published in Part II, Section 3, Sub-section (i) of the
Gazette of India, Extraordinary, dated the 27
th
May, 2003;
And whereas, the designated authority, vide its final findings in mid-term review notification No.15/2/2004-DGAD, dated the 3
rd
June, 2005 , has come to the conclusion that -
1
The subject goods have entered from the People's Republic of China at less than its fair value and the dumping margins of
the subject goods imported from the People's Republic of China are substantial and above de minimis level;
2There is also a likelihood of dumping to continue or recur from the People's Republic of China if the duties are revoked;
3
The domestic industry continues to suffer marginal 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 Republic of China;
4Injury to domestic industry is likely to continue if the duties are revoked in respect of imports from People's Republic of China;
5
Therefore, continued imposition of the antidumping duty is warranted against goods originating in or exported from the
People's Republic of China to offset dumping;
6
There is no imports and therefore, dumping from Chinese Taipei, and Hong Kong, during the injury investigation period.
There is also no production of the subject goods in these two countries. Therefore, there is no likelihood of dumping to
continue and/or recur from Chinese Taipei, if the duties are revoked. However, re-export or transshipment of goods of
Chinese origin, if any will be adequately covered under the duty imposed against the People's Republic of China. Therefore
continued imposition of duty against these two countries is not warranted, and recommended
7
"Continued imposition of definitive anti-dumping duty on imports of the subject goods originating in or exported from People's
Republic of China, equal to lower of margin of dumping and the margin of injury, so as to offset dumping and remove the
injury to the domestic industry".
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with
sub-sections (5) and (6) of the said section 9A and rule 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.85/2003-Customs dated the 27
th
May, 2003
[G.S.R.436(E), dated the 27
th
May, 2003], except as respects things done or omitted to be done before such supersession,
Central Government, on the basis of the aforesaid 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 or tariff item 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 produced
by the producers as specified in the corresponding entry in column (7), when exported from the countries 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 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
Sl.
No.
Sub.
Heading
Description of
goods
Specification of
goods
Country
of origin
Country
of export
Producer Exporter
Duty
amount
UnitCurrency
(1)(2)(3) (4) (5) (6) (7) (8) (9)(10)(11)
1284161
Potassium
Permanganate
KmnO4
All grades
P.R.of
China
Any
M/s Groupstar Yunnan,
LLC, China Any285MTUS $
2284161
Potassium
Permanganate
KmnO4
All grades
P.R.of
China
Any Any (other than above)Any352MTUS $
3284161
Potassium
Permanganate
KmnO4
All grades Any
P.R.of
China
Any Any352MTUS $
2. The anti-dumping duty imposed under this notification shall be effective up to and inclusive of the 11
th
day of March,
2006, and shall be paid in Indian currency.
Explanation. - For the purposes of this notification, -
(a) 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 sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52
0f 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.354/7/2001-TRU (Pt-I)]
Ajay
UNDER SECRETARY TO THE GOVERNMENT OF INDIA
