Notification No. 72/2006 - Custom

10^th July, 2006

Sub: Reg. imposition of provisional anti-dumping duty on Caustic Soda

Whereas in the matter of import of Caustic Soda (hereinafter referred to as the subject goods), falling under the sub-heading 2815 11 and 2815 12 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from European Union (excluding France), Indonesia and Chinese Taipei (hereinafter referred to as the subject countries), the designated authority in its preliminary findings vide notification No. 14/39/2002-DGAD dated the 8th January, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th January, 2003 had come to the conclusion that –

(a) subject goods, in all forms originating in, or exported, from the subject countries has been exported to India below its normal value;

(b) the domestic industry has suffered material injury;

(c) the injury has been caused to the domestic industry by dumping of subject goods originating in or exported from the subject countries,

and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports 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 on the subject goods vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 48/2003–Customs, dated the 27th March, 2003, G.S.R. 247(E), dated the 27th March, 2003.

And whereas the designated authority, in its final findings vide notification No.14/39/2002-DGAD, dated the 1st October, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st October, 2003, had come to the conclusion that –

(a) subject goods have been exported to India from the subject countries below its normal value;

(b) the domestic industry has suffered material injury and facing threat of further injury;

(c) the injury has been caused cumulatively by the imports from the subject countries,

and had recommended the imposition of definitive anti-dumping duty on all imports of subject goods originating in, or exported from the subject countries.

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 erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No 168 /2003-CUSTOMS , dated the 14th November, 2003, G.S.R 891(E), dated the 14th November, 2003.

And whereas the designated authority, in its final findings in mid-term review, vide notification No. 15/5/2005-DGAD, dated the 2nd June, 2006, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 2nd June, 2006, has come to the conclusion that-

(i) The subject goods are entering the Indian market at dumped prices and dumping margins of the subject goods imported from the subject countries are substantial and above de-minimis and that the subject goods are likely to enter Indian market at dumped prices, should the present measures be withdrawn and thus, it has not been established that the continued imposition of the duty to offset dumping is unwarranted;

(ii) Even though the domestic industry has improved its performance over the injury period, the situation of domestic industry continues to be fragile and further, should the present anti-dumping duties be withdrawn, injury to the domestic industry is likely to continue or recur and thus, it has not been established that injury to the domestic industry is unlikely to continue or recur should the present measures be withdrawn,

and has recommended imposition of definitive anti-dumping duty on all imports of the subject goods originating in or exported from the subject countries.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act, 1975, read with rule 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 hereby makes the following amendments in the notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 168/2003-CUSTOMS, dated the 14th November, 2003, G.S.R 891(E), dated the 14th November, 2003, namely:-.

In the said notification, for the “Table” the following “Table” shall be substituted, namely; -

Table

F.No.354/8/2003-TRU (Pt.-I)

Note: - The principal notification No. 168 /2003-Customs , dated the 14th November, 2003, was published vide number G.S.R 891(E), dated the 14th November, 2003, in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated 14th November, 2003.