Notification No. 51/2005 - Custom

27^th May 2005

Sub: Imposes definitive anti-dumping on all imports of Sodium Nitrite

Whereas in the matter of import of Sodium Nitrite, falling under sub-heading 2834 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union and Taiwan, the designated authority vide its preliminary findings notification No.54/1/2001-DGAD dated the 1st February, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st February, 2002, had come to the conclusion that the said Sodium Nitrite had been exported to India below normal value, resulting in dumping and that the domestic industry had suffered material injury;

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Sodium Nitrite vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 34/2002–Customs, dated the 28th March, 2002, [G.S.R. 232 (E), dated the 28th March, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 28th March, 2002;

And whereas the designated authority, vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th October, 2002 had come to the conclusion that –

(a) Sodium Nitrite, originating in, or exported from, European Union and Taiwan, 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 dumped imports of Sodium Nitrite from European Union and Taiwan;

And whereas on the basis of the aforesaid final 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.132/2002-Customs dated the 29th November, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 29th November, 2002 vide G.S.R.786 (E), dated the 29th November, 2002;

And whereas the designated authority vide its amendment notification No.54/1/2001-DGAD, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th March, 2005 has come to the conclusion that –

(a) Sodium Nitrite originating in or exported from European Union 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 by the dumped import of Sodium Nitrite from European Union;

and has recommended the continued imposition of definitive anti-dumping duty on all imports of Sodium Nitrite from European Union;

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 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.132/2002-Customs dated the 29th November, 2002 published vide G.S.R.786 (E), dated the 29th November, 2002, except as respects things done or omitted to be done before such supersession, the Central Government, on the basis of finding of the designated authority in the aforesaid amendment notification, hereby imposes on all imports of Sodium Nitrite, falling under sub-heading 2834 10 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country or territory specified in column (1) of the Table below, when exported by exporters as specified in column (2) of the said Table, and imported into India, an anti-dumping duty at a rate which is specified in the corresponding entry in column (3) of the said Table.

Table

2. The anti-dumping duty imposed under this notification will be effective for a period of five years from the date of imposition of provisional duty, i.e. from 28th March, 2002 (unless revoked, modified or superseded earlier) and 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 under 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 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.354/24/2002-TRU

Alok Shukla
Director to the Government of India