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[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.6
/2010-Customs
New
Delhi, the 28th
January, 2010
G.S.R.
(E). – Whereas, in the matter of import of Carbon Black used
in rubber applications (hereinafter referred to as the subject
goods), falling under sub heading 2803
00 10
of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
(hereinafter referred to as the said Customs Tariff Act), originating
in, or exported from, Australia, China PR, Russia and Thailand
(hereinafter referred to as the subject countries) and imported into
India, the designated authority in its preliminary findings vide
notification
No. 14/21/2008-DGAD, dated the 25th
May, 2009, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 25th
May, 2009, had come to the conclusion that-
(a) the subject
goods had been exported to India from the subject countries below
their normal value;
(b) the domestic
industry had suffered material injury; and
(c) the injury had
been caused by the dumped imports from subject countries;
and had
recommended imposition of provisional anti-dumping duty on the
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 provisional anti-dumping duty on the
subject goods vide notification of the Government of India in the
Ministry of Finance (Department of Revenue), No. 83/2009-Customs,
dated 30th
July, 2009, published in the Gazette of India Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R.558 (E), dated the 30th
July, 2009;
And whereas, the
designated authority in its final findings vide notification No.
14/21/2008-DGAD dated 24th December 2009, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 24th December
2009, had come to the conclusion that-
(a) the
subject goods had been exported to India from the subject countries
below associated Normal values, thus resulting in dumping of the
subject goods;
(b) the
domestic industry had suffered material injury in respect of the
subject goods. Besides, there was a case of threat of material injury
to the domestic industry as well; and
(c) the
material injury and threat thereof had been caused by the dumped
imports from subject countries;
and
had recommended the imposition of definitive anti-dumping duty on
imports of the subject goods originating in, or exported, 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, and in supersession of the
notification of the Government of India in the Ministry of Finance
(Department of Revenue), No.83/2009-Customs, dated the 30th
July, 2009, vide number G.S.R 558(E), dated the 30th
July, 2009,except as respects things done or omitted to be done
before such supersession, the Central Government, on the basis of 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 sub 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 produced by
the producers as specified in the corresponding entry in column (6),
when exported from the country as specified in the corresponding
entry in column (5), by the exporters as specified in the
corresponding entry in column (7), and imported into India, an
anti-dumping duty at the rate equal to the amount indicated 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
S.No.
|
Heading/
Subheading
|
Description
of goods *
|
Country
of Origin
|
Country
of Exports
|
Producer
|
Exporter
|
Duty
Amount
|
Unit
|
Currency
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
1
|
28030010
|
Carbon
Black used in rubber applications
|
Australia
|
Australia
|
M/s
Continental Carbon Australia Pty Ltd.
|
M/s
Continental Carbon Australia Pty Ltd.
|
0.138
|
Per
Kg
|
US
Dollar
|
2.
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
Australia
|
Australia
|
Any
combination other than at Serial number 1
|
0.330
|
Per
Kg
|
US
Dollar
|
3.
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
Australia
|
Any
country other than Austraila
|
Any
|
Any
|
0.330
|
Per
Kg
|
US
Dollar
|
4
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
Any
country other than countries attracting Anti-dumping duty
|
Australia
|
Any
|
Any
|
0.330
|
Per
Kg
|
US
Dollar
|
5
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
China
PR
|
China
PR
|
M/s
Ningbo Detai Chemical Co. Ltd
|
M/s
Ningbo Detai Chemical Co. Ltd
|
0.143
|
Per
Kg
|
US
Dollar
|
6
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
China
PR
|
China
PR
|
M/s
Hebei Daguangming Juwuba Carbon Black Co., Ltd.
|
M/s
Hebei Daguangming Juwuba Carbon Black Co., Ltd.
|
0.089
|
Per
Kg
|
US
Dollar
|
7
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
China
PR
|
China
PR
|
M/s
Longxing Chemical Stock Co., Ltd.
|
M/s
Longxing Chemical Stock Co., Ltd.
|
0.168
|
Per
Kg
|
US
Dollar
|
M/s
Ningbo Sheen All Chemical Co. Ltd through M/s Hhui
Chemical Co., Ltd
|
0.101
|
Per
Kg
|
US
Dollar
|
8
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
China
PR
|
China
PR
|
M/s
Jiangxi Black Cat Carbon Black Co., Ltd
|
M/s
Jiangxi Black Cat Carbon Black Co., Ltd
|
0.121
|
Per
Kg
|
US
Dollar
|
9
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
China
PR
|
China
PR
|
Any
combination other than at Serial numbers 5, 6, 7 & 8.
|
0.423
|
Per
Kg
|
US
Dollar
|
10
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
China
PR
|
Any
country other than China PR
|
Any
|
Any
|
0.423
|
Per
Kg
|
US
Dollar
|
11
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
Any
country other than countries attracting Anti-dumping duty
|
China
PR
|
Any
|
Any
|
0.423
|
Per
Kg
|
US
Dollar
|
12
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
Russia
|
Russia
|
M/s.
Yaroslavskiy Tekhnicheskiy Uglerod
|
M/s
Trigon Gulf FZCO
|
0.136
|
Per
Kg
|
US
Dollar
|
13
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
Russia
|
Russia
|
Any
combination other than at Serial number 12.
|
0.391
|
Per
Kg
|
US
Dollar
|
14
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
Russia
|
Any
country other than Russia.
|
Any
|
Any
|
0.391
|
Per
Kg
|
US
Dollar
|
15
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
Any
country other than countries attracting Anti-dumping duty
|
Russia
|
Any
|
Any
|
0.391
|
Per
Kg
|
US
Dollar
|
16
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
Thailand
|
Thailand
|
M/s
Thai Tokai Carbon Product Company Ltd.
|
M/s
Thai Tokai Carbon Product Company Ltd.
|
0.084
|
Per
Kg
|
US
Dollar
|
17
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
Thailand
|
Thailand
|
Any
combination other than at Serial number 16
|
0.186
|
Per
Kg
|
US
Dollar
|
18
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
Thailand
|
Any
country other than Thailand
|
Any
|
Any
|
0.186
|
Per
Kg
|
US
Dollar
|
19
|
28030010
|
‘Carbon
Black used in rubber applications’*
|
Any
country other than countries attracting Anti-dumping duty
|
Thailand
|
Any
|
Any
|
0.186
|
Per
Kg
|
US
Dollar
|
*Note:
- Thermal Black and Carbon black grades meant for semi conductive
compound applications are excluded from the scope of the product
under consideration.
2. The anti-dumping duty
imposed shall be levied for a period of five years (unless revoked,
superseded or amended earlier) from
the date of imposition of the provisional anti-dumping duty,
that is, 30th July,2009 and shall be payable 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 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.354/130/2009
–TRU]
(Prashant Kumar)
Under
Secretary to the Government of India.
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