CHAPTER 28
Inorganic chemicals, organic or inorganic compounds of precious metals,of rare-earth metals, of radioactive elements or of isotopes
NOTES :
1. Except where the context otherwise requires, the headings of this Chapter apply only to:
(a) separate chemical elements and separate chemically defined compounds, whether or not containing impurities;
(b) the products mentioned in (a) above dissolved in water;
(c) the products mentioned in (a) above dissolved in other solvents provided that the solution constitutes a normal and necessary method of putting up these products adopted solely for reasons of safety or for transport and that the solvent does not render the product particularly suitable for specific use rather than for general use;
(d) the products mentioned in (a), (b) or (c) above with an added stabiliser (including an anti-caking agent) necessary for their preservation or transport;
(e) the products mentioned in (a), (b), (c) or (d) above with an added anti-dusting agent or a colouring substance added to facilitate their identification or for safety reasons, provided that the additions do not render the product particularly suitable for specific use rather than for general use.
2. In addition to dithionites and sulphoxylates, stabilised with organic substances (heading 2831), carbonates and peroxocarbonates of inorganic bases (heading 2836), cyanides, cyanide oxides and complex cyanides of inorganic bases (heading 2837), fulminates, cyanates and thiocyanates, of inorganic bases (heading 2842), organic products included in heading 2843 to 2846 and 2852
[OLDinorganic bases (heading 2838), organic products included in headings 2843 to 2846
] and carbides (heading 2849), only the following compounds of carbon are to be classified in this Chapter:
(a) oxides of carbon, hydrogen cyanide and fulminic, isocyanic, thiocyanic and other simple or complex cyanogen acids (heading 2811);
(b) halide oxides of carbon (heading 2812);
(c) carbon disulphide (heading 2813);
(d) thiocarbonates, selenocarbonates, tellurocarbonates, selenocyanates, tellurocyanates, tetrathiocyanatodiamminochromates (reineckates) and other complex cyanates, of inorganic bases (heading 2842);
(e) hydrogen peroxide, solidified with urea (heading 2847), carbon oxysulphide, thiocarbonyl halides, cyanogen, cyanogen halides and cyanamide and its metal derivatives (heading 2853
[OLDheading 2851
]) other than calcium cyanamide, whether or not pure (Chapter 31).
(Note 2 & clause (e) has been amended vide Finance Bill 2006 w.e.f. from 01/01/2007)
3. Subject to the provisions of Note 1 to Section VI, this Chapter does not cover:
(a) sodium chloride or magnesium oxide, whether or not pure, or other products of Section V;
(b) organo-inorganic compounds other than mentioned in Note 2 above;
(c) products mentioned in Note 2, 3 , 4 or 5 to Chapter 31;
(d) inorganic products of a kind used as luminophores, of heading 3206; glass frit and other glass in the form of powder, granules or flakes, of heading 3207;
(e) artificial graphite (heading 3801); products put up as charges for fire extinguishers or put up in fireextinguishing grenades, of heading 3813, ink removers put up in packings for retail sale, of heading 3824; cultured crystals (other than optical elements) weighing not less than 2.5 g each, of the halides of the alkali or alkaline-earth metals, of heading 3824;
(f) precious or semi-precious stones (natural, synthetic or reconstructed) or dust or powder of such stones (headings 7102 to 7105), or precious metals or precious metal alloys of Chapter 71;
(g) the metals, whether or not pure, metal alloys or cermets, including sintered metal carbides (metal carbides sintered with a metal), of Section XV; or
(h) optical elements, for example, of the halides of the alkali or alkaline-earth metals (heading 9001).
4. Chemically defined complex acids consisting of a non-metal acid of Sub-Chapter II and a metal acid of Sub-Chapter IV are to be classified in heading 2811.
5. Headings 2826 to 2842 apply only to metal or ammonium salts or peroxysalts.
Except where the context otherwise requires, double or complex salts are to be classified in heading 2842.
6. Heading 2844 applies only to:
(a) technetium (atomic No. 43), promethium (atomic No. 61), Polonium (atomic No. 84) and all elements with an atomic number greater than 84;
(b) natural or artificial radioactive isotopes (including those of the precious metals or of the base metals of Sections XIV and XV), whether or not mixed together;
(c) compounds, inorganic or organic, of these elements or isotopes, whether or not chemically defined, whether or not mixed together;
(d) alloys, dispersions (including cermets), ceramic products and mixtures containing these elements or isotopes or inorganic or organic compounds thereof and having a specific radioactivity exceeding 74 Bq/g (0.002 micro µci/g);
(e) spent (irradiated) fuel elements (cartridges) of nuclear reactors;
(f) radioactive residues whether or not usable.
The term “isotopes”, for the purposes of this Note and of the wording of headings 2844 and 2845, refers to:
(i) individual nuclides, excluding, however, those existing in nature in the monoisotopic state;
(ii) mixtures of isotopes of one and the same element, enriched in one or several of the said isotopes,that is, elements of which the natural isotopic composition has been artiticially modified.
7. Heading 2848 includes copper phosphide (phospher copper) containing more than 15 % by weight of phosphorus.
8. Chemical elements (for example, silicon and selenium) doped for use in electronics are to be classified in this Chapter, provided that they are in forms unworked as drawn, or in the form of cylinders or rods. When cut in the forms of discs, wafers or similar forms, they fall in heading 3818.
SUPPLEMENTARY NOTE :
1. Sub-heading 2804 40 includes, liquefied or solidified gas.
ANTI-DUMPING DUTY NOTIFICATIONS
Anti-dumping duty on Barium Carbonate originating in or exported from China PR:
[Notfn. No. 66/00-Cus. dt. 15.5.2000]
WHEREAS in the matter of import of barium carbonate, falling under Chapter 28 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from, China PR, the Designated Authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4th October, 1999 had come to the conclusion that -
(a) barium carbonate, originating in or exported from, China PR has been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury; and
(c) the injury has been caused cumulatively by the imports from the subject country;
AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 126/99-Customs, dated the 17th November, 1999 published in Part II, Section 3 Sub-section (i) of the Gazette of India, Extraordinary, dated the 17th November, 1999;
AND WHEREAS the Designated Authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd March, 2000 has come to the conclusion that -
(a) barium carbonate, originating in or exported from, China PR has been exported to India, below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury; and
(c) the injury has been caused by the imports from the subject country;
Now, therefore, in exercise of the powers conferred by sub-section (1) of the section 9A of the said Customs Tariff Act read with sub-section (5) thereof and rule 18 and 20 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 barium carbonate, falling under Chapter 28 of the First Schedule to the said Customs Tariff Act, originating in, or exported from China PR, and when exported by exporters mentioned in the corresponding entry in column (2) of the Table annexed hereto, and imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between the amount mentioned in the corresponding entry in column (3) of the said Table and the landed value of such imported barium carbonate per metric tonne.
TABLE
| S. No. | Name of the Company | Amount
(US$ per Metric tonne) |
|---|
| (1) | (2) | (3) |
|---|
| 1. | Qingdao Red Sam Chemical Group Co. Ltd., China
(former name Qingdao Red Sam Chemical Factory) | 423.03 |
| 2. | Any other exporter | 423.03 |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty i.e. the 17th November, 1999 and shall be payable in Indian Currency.
Explanation I : For the purposes of this notification, "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 section 3, 3A, 8B and 9A of the said Customs Tariff Act.
Explanation II : for the purposes of conversion of the amount specified in column (3) of the Table above into Indian currency, the "rate of exchange" applicable shall be the rate notified by the Central Government under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act and in force on the date on which the bill of entry is presented under section 46 of the said Customs Act.
Anti-Dumping duty on Disodium Corbonate originating in or exported from People"s Republic of China:
[Notfn. No. 107/00-Cus. dt. 4.8.2000)]
WHEREAS in the matter of import of Disodium Carbonate, falling under sub-heading No. 2836.20 of the First Schedule to the Customs Tariff. Act, 1975 (51 of 1975), originating in or exported from, the People"s Republic of China, the Designated Authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th November, 1999 had come to the conclusion that -
(a) Disodium Carbonate originating in, or exported from, the People"s Republic of China, has 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 imports from the subject country;
AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government had imposed anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 4/2000-Customs, dated the 13th January, 2000 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 13th January, 2000 vide G.S.R.39 (E), dated the 13th January, 2000;
AND WHEREAS the Designated Authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th July, 2000 has come to the conclusion that -
(a) Soda ash (Disodium Carbonate) originating in, or exported from, People"s Republic of China, has been exported to India below normal value;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused to domestic industry by dumping of the subject goods originating in or exported from, the People"s Republic of China;
Now, therefore, in exercise of the powers conferred by sub-section (1) of the section 9A of the said Customs Tariff Act, read with sub-section (5) thereof and rule 18 and 20 of 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 Disodium Carbonate, falling under sub-heading No. 2836.20 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People"s Republic of China, and when exported by exporters mentioned in column (2) of the Table below, and imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between the amount mentioned in the corresponding entry in column (3) of the said Table and the landed value of such imported Disodium Carbonate per metric tonne.
Table
| S. No. | Name of the Exporter/Producer | Amount
(in US $ per metric tonne) |
|---|
| (1) | (2) | (3) |
|---|
| 1. | M/s Qingdao Soda Ash Co. Ltd. | 197.10 |
| 2. | M/s Tianjin Bohai Chemical Industry (Group) Corp. Ltd. | 197.10 |
| 3. | M/s Dahuachem International Economic & Trade Corp. | 193.10 |
| 4. | M/s Jiangsu Yongli Chemical & Technology Imports & Export Corp. | 194.50 |
| 5. | Any other exporter | 197.10 |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 13th January, 2000; and 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 or 1962) and includes all duties of Customs except duties levied under section 3, 3A, 8B 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 under 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.
Anti-Dumping duty on Sodium Nitrite originating in or exported from People"s Republic of China:
[Notfn. No. 147/00-Cus. dt. 19.12.2000]
WHEREAS in the matter of import of Sodium Nitrite, falling under sub-heading No. 2834.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from, People"s Republic of China, the Designated Authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th April, 2000, had come to the conclusion that -
(a) Sodium Nitrite, originating in, or exported from, People"s Republic of China, has been exported to India below it normal value, resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused cumulatively by the imports from the subject country;
AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 76/2000-Customs, dated the 23rd May, 2000, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 23rd May, 2000 vide G.S.R. No. 484 (E), dated the 23rd May, 2000;
AND WHEREAS the Designated Authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd November, 2000 has come to the conclusion that -
(a) Sodium Nitrite, originating in, or exported from, People"s Republic of China, has been exported to India below normal value resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused cumulatively by the imports from the subject country;
Now, therefore, in exercise of the powers conferred by sub-section (1) of the section 9A of the said Customs Tariff Act read with sub-section (5) of the said section 9A and rule 18 and 20 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 findings of the designated authority, hereby imposes on said Sodium Nitrite, falling under sub-heading No. 2834.10 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, People"s Republic of China, and imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between the US dollar 524.63 per metric tonne and the landed value of such imported Sodium Nitrite per metric tonne.
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 23rd May, 2000; and 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 of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers under 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.
Anti-Dumping duty on Sodium Cyanide originating in or exported from the United States of America, Czech Republic, the European Union and Korea RP:
[Notfn. No. 10/01-Cus. dt. 31.1.2001 as amended by 3/05-Cus., dt. 19.1.2005]
WHEREAS in the matter of import of Sodium Cyanide, falling under Chapter 28 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from, the United States of America, Czech Republic, the European Union and Korea RP, the Designated Authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th October, 1999, had come to the conclusion that-
(a) Sodium Cyanide, originating in, or exported from, the United States of America Czech Republic, the European Union and Korea RP has 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 imports from the subject countries/territory;
AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 134/99-Customs, dated the 27th December, 1999, [G.S.R. 824 (E), dated the 27th December, 1999] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th December, 1999;
AND WHEREAS the Designated Authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th March, 2000 has come to the conclusion that -
(a) Sodium Cyanide, originating in, or exported from the United States of America, Czech Republic, the European Union and Korea RP has been exported to India below normal value, resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused to the domestic industry by the dumping of Sodium Cyanide orginating in, or exported from the subject countries/territory;
AND WHEREAS on the basis of the aforesaid final findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 83/2000-Customs, dated the 6th June, 2000, [G.S.R. 522 (E), dated the 6th June, 2000] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 6th June, 2000;
AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal in its final order No.35/2000 AD dated 22nd August, 2000 in Appeal No. C/213/2000-AD in the matter of M/s. Cycinides & Chemcials Company Vs The designated authority, has modified the said Notification No. 83/2000-Customs, dated 6th June, 2000 to prescribe the anti-dumping duty in US dollar terms.
AND WHEREAS the Designated Authority has accepted the above order of Customs, Excise and Gold (Control) Appellate Tribunal, dated the 22nd August, 2000;
Now, therefore, in exercise of the powers conferred by sub-section (1) and (8) of section 9A read with rule 18 and 20 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. 83/2000-Customs dated the 6th June, 2000, [G.S.R. 522 (E), dated the 6th June, 2000], except as respects things done or omitted to be done before such supersession, the Central Government hereby imposes on Sodium Cyanide, falling under sub-heading No. 2837.11 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries or territory mentioned in column (2) of the Table annexed hereto, and when exported by exporters mentioned in the corresponding entry in column (3) of the said Table, and imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between the amount mentioned in the corresponding entry in column (4) of the said Table and the landed value of such imported Sodium Cyanide per metric tonne.
TABLE
| S.No. | Name of the Country/Territory | Name of the Exporter/Producer | Amount
(in US $ per metric tonne) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1. | United States of America | All exporter | 1608.16 |
| 2. | European Union | (i) M/s Degussa Huls | 1608.16 |
| (ii) All other exporters | 1608.16 |
| 3. | Czech Republic | All exporters | 1608.16 |
| 4. | Korea RP | All exporters | 1608.16 |
2. Nothing contained in this notification shall apply to Sodium Cyanide manufactured by M/s Tong Suh Petrochemicals Corp. Ltd., Korea RP and exported by M/s Hanwha Corporation, Korea RP, if the Jurisdictional Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, is satisfied that such Sodium Cyanide has been manufactured by the said M/s Tong Suh Petrochemicals Corp. Ltd.
3. The anti-dumping duty shall be paid in Indian currency.
4. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 25th day of June, 2005.
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 or Revenue), issued from time to time, in exercise of the powers under 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.
Anti-Dumping duty on Hydroxyl Amine Sulphate originating in, or exported from United States of America, Japan and the European Union:
[Notfn. No. 31/01-Cus. dt. 28.3.2001]
WHEREAS in the matter of import of Hydroxyl Amine Sulphate, falling under sub-heading No. 2825.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the United States of America, Japan and the European Union, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4th August, 2000 had come to the conclusion that -
(a) Hydroxyl Amine Sulphate, originating in, or exported from, the United States of America,Japan and the European Union, has 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 imports from the subject countries or territory;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 125/2000–Customs, dated the 29th September, 2000, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 29th September, 2000 vide G.S.R. 763(E), dated the 29th September, 2000;
AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st March, 2001 has come to the conclusion that -
(a) Hydroxyl Amine Sulphate, originating in, or exported from, the United States of America, Japan and the European Union, has been exported to India at a price below its normal value, thereby resulting in dumping;
(b) the domestic industry has suffered material injury;
(c ) the injury has been caused to domestic industry by dumping of the subject goods originating in, or exported from, the United States of America, Japan and the European Union;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A and rules 18 and 20 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 Hydroxyl Amine Sulphate, falling under sub-heading No. 2825.10 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, any country or territory specified in column (2) of the Table annexed hereto, and exported by exporters specified in column (3) of the said Table, and imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between the amount specified in column (4) of the said Table and the landed value of such imported Hydroxyl Amine Sulphate per metric tonne.
TABLE
| S. No. | Country/territory | Exporter | Amount (US$ per MT) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1 | European Union | All exporters | 1794.13 |
| 2 | Japan | (a) M/s UBE Industries Ltd. | 1733.56 |
| (b) M/s Nissho Iwai Co | 1733.56 |
| (c) M/s Mitui & Co. Ltd. | 1733.56 |
| (d) M/s Mitsuya Boeki Ltd. | 1733.56 |
| (e) Other exporters | 1794.13 |
| 3 | United States of America | All exporters | 1794.13 |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 29th September, 2000, and 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 of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers under 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.
Anti-dumping duty on Sodium Ferrocyanide originating in, or exported from the European Union:
Notfn. No. 50/01-Cus. dt. 10.5.2001]
WHEREAS in the matter of import of Sodium Ferrocyanide, falling under sub-heading No. 2837.20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from the European Union, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd January, 2001 had come to the conclusion that -
(a) Sodium Ferrocyanide, originating in, or exported from the European Union, has been exported to India below its normal value;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused by the imports from the European Union;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 8/2001–Customs, dated the 31st January, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 31st January, 2001 vide G.S.R. 45(E), dated the 31st January, 2001;
AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th April, 2001 has come to the conclusion that -
(a) Sodium Ferrocyanide of the European Union origin has been exported to India below its normal value;
(b) the Indian industry has suffered material injury;
(c ) the injury has been caused by imports from the European Union;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A and rules 18 and 20 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 Sodium Ferrocyanide, falling under sub-heading No. 2837.20 of the First Schedule to the said Customs Tariff Act, originating in or exported from the European Union, and when imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between US $ 1535 per metric tonne and the landed value of such imported Sodium Ferrocyanide per metric tonne.
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 31st January, 2001, and 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 of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers under 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.
Anti-dumping duty on Sodium Hydroxide originating in or exported from Saudi Arabia, Iran, Japan, the United States of America and France:
[Notfn. No. 69/01-Cus. dt. 26.6.2001]
WHEREAS in the matter of import of Sodium Hydroxide, commonly known as Caustic Soda, falling under sub-heading Nos. 2815.11 and 2815.12 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from Saudi Arabia, Iran, Japan, the United States of America and France, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th November, 2000, had come to the conclusion that -
(a) Sodium Hydroxide, in all forms, originating in, or exported from, subject countries, has been exported to India below its normal value;
(b) the domestic industry has suffered material injury by way of financial losses due to depressed net sales realization on account of price depression caused by low landed prices of the dumped subject goods; and
(c) the injury has been caused to the domestic industry by the dumping of subject goods, originating in, or exported 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 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 153/2000–Customs, dated the 26th December, 2000, [G.S.R. 933(E), dated the 26th December, 2000] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th December, 2000;
AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th May, 2001 has come to the conclusion that -
a. Caustic Soda, originating in, or exported from Saudi Arabia, Iran, Japan, the United States of America and France has been exported to India below normal value, resulting in dumping;
b. the Indian industry has suffered material injury;
c. the injury has been caused by imports from the subject countries.
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 20 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 said Sodium Hydroxide, commonly known as Caustic Soda, falling under sub-heading Nos. 2815.11 and 2815.12 of the First Schedule to the said Customs Tariff Act, originating in, or exported from the countries specified in column (2) of the Table annexed hereto, and exported by exporters specified in the corresponding entry in column (3) of the said Table, and imported into India, an anti-dumping duty at the rate which shall be calculated as the difference between the amount mentioned in the corresponding entry in column (4) of the said Table and the landed value of such imported Sodium Hydroxide per metric tonne.
Table
| S. No. | Name of the Country | Name of the Exporter/Producer | Amount
(in US dollar per metric tonne) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1 | United States of America | (a) M/s Dow Chemical Co. | 319.4 |
| (b) All other producer/exporter | 319.4 |
| 2 | France | All exporters/producers | 309.4 |
| 3 | Iran | All exporters/producers | 319.4 |
| 4 | Japan | All exporters/producers | 319.4 |
| 5 | Saudi Arabia | (a) Producer SADAF with SABIC as the exporter | 266.9 |
| (b) All other exporters/producers | 305.8 |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 26th December, 2000, and 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 of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers under 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.
Anti-dumping duty on Sodium Ferrocyanide, originating in, or exported from People"s Republic of China:
[Notfn. No. 88/01-Cus. dt. 4.9.2001]
WHEREAS the designated authority vide notification published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 17th April, 2001, had initiated review in the matter of continuation of final anti-dumping duty on sodium ferrocyanide originating in, or exported from, the People’s Republic of China, imposed vide notification No.113/2000-Customs, dated the 31st August, 2000 [G.S.R. 696 (E), dated the 31st August, 2000]
AND WHEREAS the designated authority vide notification published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 23rd August, 2001 has concluded that –
(a) Sodium ferrocyanide originating in, or exported from, the People’s Republic of China, has been exported below its normal value;
(b) The domestic industry would suffer material injury in case the anti-dumping duty in force is removed;
(c) The injury to the domestic industry would be caused by imports from the People’s Republic of China, in case the anti-dumping duty in force is removed;
(d) Cessation of existing anti-dumping duty on imports of sodium ferrocyanide from the People’s Republic of China is likely to lead to continuation or recurrence of 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 rule 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 sodium ferrocyanide falling under Chapter 28 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People’s Republic of China, and imported into India, an anti-dumping duty at a rate which is to be calculated as the difference between US $ 1556.87 per MT and the landed value of such imported sodium ferrocyanide per MT, in US$.
2. The anti dumping duty imposed under this notification shall be paid in Indian currency.
Explanation. - For the purposes of this notification,-
(a) “ landed value of imports” shall be 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) the 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 under sub-clause (i) of clause (a) of subsection (3) of 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.
Anti-dumping duty on Phosphoric Acid originating in, or exported from People"s Republic of China:
[Notfn. No. 94/01-Cus. dt. 12.9.2001]
WHEREAS in the matter of import of Phosphoric acid (Technical grade), falling under subheading No. 2809.20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9th April, 2001 had come to the conclusion that -
(a) Phosphoric acid (Technical grade) has been exported to India from the People’s Republic of China below its normal value;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused by dumped imports from the People’s Republic of China;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 47/2001–Customs, dated the 10th May 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 10th May 2001 vide G.S.R. 331(E), dated the 10th May 2001;
AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th August, 2001 has come to the conclusion that -
(a) Phosphoric acid (Technical grade) has been exported to India from the People’s Republic of China below its normal value;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused by dumped imports from the People’s Republic of China;
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 20 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 Phosphoric acid (Technical grade), that is Phosphoric acid having purity level of 85 per cent or above by mass and arsenic content not exceeding 15 parts per million, falling under sub-heading No. 2809.20 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People’s Republic of China, and when imported into India, an anti-dumping duty at the rate of US $ 121 per metric tonne.
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 10th May, 2001, and shall be paid in Indian currency.
Explanation - For the purposes of this notification, the 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 under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, (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.
Anti-dumping duty on Sodium Hydrosulphite, originating in, or exported from, the People"s Republic of China
[Notfn. No. 114/01-Cus. dt. 2.11.2001]
WHEREAS in the matter of import of Sodium Hydrosulphite, falling under Chapter 28 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority, vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd January, 2001, had come to the conclusion that -
(a) Sodium Hydrosulphite originating in, or exported from, the People’s Republic of China, has been exported to India below its normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the imports from the subject country;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 28/2001–Customs, dated the 12th March, 2001, [G.S.R. 173(E), dated the 12th March, 2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 12th March, 2001;
AND WHEREAS the designated authority, vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th September, 2001 has come to the conclusion that -
(a) Sodium Hydrosulphite originating in, or exported from, the People’s Republic of China, has been exported to India below its normal value, thereby resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused to the domestic industry by dumping of the subject goods originating in or exported from the People’s Republic of China;
(d) Even though one of the exporters, namely M/s Guangdong Zhongcheng Chemicals Co. Ltd. the People’s Republic of China has expressed its willingness to give price undertaking, the designated authority could not explore the same as the exporter shown its unwillingness subsequently;
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 20 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 said Sodium Hydrosulphite, falling under Chapter 28 of the First Schedule to the said Customs Tariff Act, originating in, or exported from the People’s Republic of China, and exported by exporters mentioned in column (2) of the Table annexed hereto, and imported into India, an anti-dumping duty at the rate mentioned in corresponding entry in column (3) of the said Table.
Table
| S. No. | Name of the producer/exporter | Amount of duty
(in US$ per metric tonne) |
|---|
| (1) | (2) | (3) |
|---|
| 1. | (a) M/s Guangdong Zhongcheng Chemicals Co. Ltd. | 216.33 |
| (b) All other exporters | 294.17 |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 12th March, 2001, and shall be paid in Indian currency.
Explanation - For the purposes of this notification, 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 under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, (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.