Another
Five Years for Anti-dumping Duty on Zinc Oxide from China in Review
[Customs
Notification No. 21 (ADD) dated 6th September 2013]
Whereas,
the designated authority, vide its notification No. 15/4/2011-DGAD,
dated the 2nd May, 2012, published in Part I, Section I of the
Gazette of India, Extraordinary, dated the 2nd May, 2012, had
initiated a review in the matter of continuation of anti-dumping on imports of
Zinc Oxide (hereinafter referred to as the subject goods) falling under
tariff items 2817 0010 or 3812 3030 of the First Schedule to the Customs Tariff
Act 1975, (51 of 1975), originating in, or exported from, the Peoples Republic of China (hereinafter referred to as the
subject country), imposed vide notification of Government of India, in the
Ministry of Finance (Department of Revenue), No. 64/2007 dated the 7th
May, 2007 published in Part II, Section
3, Sub-section (i) of the Gazette of India,
Extraordinary, vide G.S.R. No. 329 (E), dated the 7th May,
2007.
And
whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in, or exported from, the subject country up to and
inclusive of the 6th of May, 2013 vide notification of the
Government of India, in the Ministry of Finance (Department of Revenue), No.
27/2012 –Customs (ADD) dated the 18th May, 2012, published in Part
II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary, vide G.S.R No. 374(E), dated the 18th May,
2012.
And
whereas, in the matter of review of anti-dumping on import of the subject
goods, originating in, or exported from the subject country, the designated
authority vide its final findings, No. 15/4/2011-DGAD dated the 25th
June, 2013, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 25th June, 2013, has come to the conclusion that –
(i) the subject goods
are likely to enter the Indian market at dumped prices, should the present
measures be withdrawn;
(ii) even though the domestic industry has improved its
performance over the injury period, the injury to domestic industry may occur,
should the present anti-dumping duties are withdrawn;
(iii) continuation of the
antidumping duty is necessary against
subject goods originating in or exported from China ;
and has
recommended continued imposition of the anti-dumping duty against the subject
goods, originating in, or exported from, the subject country ;
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 final 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 tariff heading of the
First Schedule to the said Customs Tariff Act as specified in the corresponding
entry in column (2), originating in the country as specified in the
corresponding entry in column (4), and
exported from the countries as specified in the corresponding entry in column
(5), and produced by the producers as specified in the corresponding entry in
column (6), and exported by the exporters as specified in the corresponding
entry in column (7), and imported into India, an anti-dumping duty at a rate
which is equal to the amount as specified in the corresponding entry in column
(8), in the currency as specified in the corresponding entry in column
(10) and
per unit of measurement as specified in the corresponding entry in
column (9) of the said Table.
|
Table |
|||||||||
|
SNo. |
Tariff items |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
10 |
|
1 |
2817 00 10 or 3812 39 30 |
Zinc Oxide all Grades 99.5% purity |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
430.93 |
MT |
USD |
|
2 |
2817 00 10 or 3812 39 30 |
Zinc Oxide all Grades 99.5% purity |
People’s Republic of China |
Any country other than People’s Republic of China |
Any |
Any |
430.93 |
MT |
USD |
|
3 |
2817 00 10 or 3812 39 30 |
Zinc Oxide all Grades 99.5% purity |
Any country other than People’s Republic of China |
People’s Republic of China |
Any |
Any |
430.93 |
MT |
USD |
|
[HS Code 38123030 substituted (38123930) by Ntfn 57-ADD/31.12.2016] |
|||||||||
2. The
rate of anti-dumping duty for Zinc Oxide of all grades of purity other than
99.5% shall be worked out on pro-rata basis.
3. 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
Official Gazette. The anti-dumping duty 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, under 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.354/30/2001-TRU
(Pt-III)]