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.137/2008-Customs
New Delhi, the 26
th
December, 2008
G.S.R. (E). - Whereas, the designated authority vide notification No. 15/11/2007-DGAD, dated the 22
nd
November, 2007,
published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 22
nd
November, 2007, had initiated review, in
the matter of continuation of anti-dumping on imports of Sodium Hydroxide commonly known as Caustic Soda (hereinafter
referred to as the subject goods), falling under sub-heading 2815 11 or 2815 12 of the First Schedule to the Customs Tariff Act
1975 (51 of 1975), originating in, or exported from, Korea ROK and the People's Republic of China (hereinafter referred to as
the subject countries), imposed vide notification of the Government of India (Department of Revenue), No.142/2003-Customs,
dated the 23
rd
September, 2003, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated23
rd
September, 2003, vide number G.S.R.759(E), dated the 23
rd
September, 2003;
And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported
from, the subject countries upto and inclusive of the 25
th
December, 2008 vide notification of the Government of India, in the
Ministry of Finance (Department of Revenue), No. 121/ 2007-Customs, dated 20
th
December, 2007, published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 20
th
December, 2007, vide number G.S.R. 784(E),
dated the 20
th
December, 2007;
And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the
subject countries, the designated authority vide its final findings No. 15/11/2007-DGAD dated the 21
st
November, 2008
published in the Gazette of India, Extraordinary, Part I, Section 1, dated 21
st
November, 2008, has come to the conclusion
that-
(a) subject goods originating in or exported from the People's Republic of China has been exported to India below their
normal value, resulting in dumping;
(b) the performance of domestic industry has improved during the continuation of anti-dumping duty on the subject goods;
and
(c) discontinuation of anti-dumping duties on the subject goods from subject countries likely to continue from the People's
Republic of China and likely to recur from Korea ROK leading to the recurrence of injury to the domestic industry;
and has recommended continued imposition of definitive anti-dumping duty against the subject goods, originating in, or
exported from, the subject countries in order to remove injury to the domestic industry;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (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, the Central Government, after considering 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 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) of the said Table, originating in the
countries 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 equivalent to the difference between, the reference price 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
S.
No
Sub-
heading
Descript-
ion of
Goods
Specification
Country of
Origin
Country of
Export
Producer Exporter Amount
Unit of
Measure-
ment
Curr-
ency
(1)(2) (3) (4) (5) (6) (7) (8) (9) (10)(11)
1.
2815
11
or
2815
12
Caustic
soda
Caustic soda
lye and caustic
soda
solid/flakes
Korea ROKKorea ROK
M/s Hanwha
Chemical
Corporation
M/s Hanwha
Corporation
Not
applicable
Dry
Metric
Tonne
US
dollar
2.
2815
11
or
2815
12
Caustic
soda
Caustic soda
lye and caustic
soda
solid/flakes
Korea ROKKorea ROK
M/s Hanwha
Chemical
Corporation
M/s Tricon Energy
Ltd., United States
of America (USA)
Not
applicable
Dry
Metric
Tonne
US
dollar
3.
2815
11
or
2815
12
Caustic
soda
Caustic soda
lye and caustic
soda
solid/flakes
Korea ROKKorea ROK
Any other
than at S. No.
1 and 2
above
401.05
Dry Metric
Tonne
US dollar
4.
2815
11
or
2815
12
Caustic
soda
Caustic soda
lye and caustic
soda
solid/flakes
Korea ROK
Any country
other than
Korea ROK
Any Any 401.05
Dry
Metric
Tonne
US
dollar
5.
2815
11
or
2815
12
Caustic
soda
Caustic soda
lye and caustic
soda
solid/flakes
Any country
other than
subject
countries
Korea ROKAny Any 401.05
Dry
Metric
Tonne
US
dollar
6.
2815
11
or
2815
12
Caustic
soda
Caustic soda
lye and caustic
soda
solid/flakes
People's
Republic of
China
People's
Republic of
China
Any
M/s Tricon Energy
Ltd.,
United States of
America
(USA)
401.05
Dry
Metric
Tonne
US
dollar
7.
2815
11
or
2815
12
Caustic
soda
Caustic soda
lye and caustic
soda
solid/flakes
People's
Republic of
China
People's
Republic of
China
Any other
than at
S.No.6 above
401.05
Dry Metric
Tonne
US dollar
8.
2815
11
or
2815
12
Caustic
soda
Caustic soda
lye and caustic
soda
solid/flakes
People's
Republic of
China
Any country
other than
People's
Republic of
China
Any Any 401.05
Dry
Metric
Tonne
US
dollar
9.
2815
11
or
2815
12
Caustic
soda
Caustic soda
lye and caustic
soda
solid/flakes
Any country
other than
subject
countries
People's
Republic of
China
Any Any 401.05
Dry
Metric
Tonne
US
dollar
2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked,
superseded or amended earlier) from the date of publication of this notification in the Gazette of India.
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 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 Customs
Act.
[F.No.354/185/2002 -TRU (Pt-I)]
(Unmesh Wagh)
Under Secretary to the Government of India.
