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THE CUSTOMS TARIFF ACT 1975 (Notification)
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Notification No. 9/2013-Customs (ADD), F.No.354/130/2009 -TRU (Pt.I), Dated, 26th April, 2013

WHEREAS in the matter of import of Carbon Black used in rubber applications (hereinafter referred to as the subject goods), falling under the tariff- item 28030010 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 the People's Republic of China, Thailand, Russia and Australia (hereinafter referred to as the subject countries), on the basis of the findings of the designated authority made vide notification No. 14/21/2008-DGAD, dated the 24th December, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th December, 2009, the Central Government had imposed definitive anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 6/2010-Customs, dated the 28th January, 2010, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 50 (E), dated the 28th January, 2010;

AND WHEREAS, the designated authority vide notification No. 15/41/2010-DGAD, dated the 30th August, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th August, 2011, had initiated review in terms of sub-section (5) of section 9A of the said Customs Tariff Act 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 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on imports of subject goods, originating in, or exported from, the subject countries, imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue),No. 06/2010-Customs, dated the 28th January, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.50 (E), dated the 28th January, 2010, and vide notification No. 15/41/2010-DGAD, dated the 28th February, 2013, published in the Gazette

of India, Extraordinary, Part I, Section 1, dated the 28th February, 2013, had recommended for

continuation of the anti-dumping duty at the specified rates;

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 said rules, 1995, and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 06/2010-Customs, dated 28th January, 2010, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 50 (E), dated the 28th January, 2010, except as respects things done or omitted to be done before such supersession, the Central Government, on the basis of the aforesaid findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff-item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries 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. Tariff item Description of goods Country of origin Country of Export 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 Any Any 0.330 KG US Dollar
2 28030010 Carbon Black used in rubber applications* Australia Any Any Any 0.330 KG US Dollar
3 28030010 Carbon Black used in rubber applications* Any Australia Any Any 0.330 KG US Dollar
4 28030010 Carbon Black used in rubber applications* People's Republic of China People's Republic of China Any Any 0.423 KG US Dollar
5 28030010 Carbon Black used in rubber applications* People's Republic of China Any Any Any 0.423 KG US Dollar
6 28030010 Carbon Black used in rubber applications* Any People's Republic of China Any Any 0.423 KG US Dollar
7 28030010 Carbon Black used in rubber applications* Russia Russia Any Any 0.391 KG US Dollar
8 28030010 Carbon Black used in rubber applications* Russia Any Any Any 0.391 KG US Dollar
9 28030010 Carbon Black used in rubber applications* Any Russia Any Any 0.391 KG US Dollar
10 28030010 Carbon Black used in rubber applications* Thailand Thailand Any Any 0.186 KG US Dollar
11 28030010 Carbon Black used in rubber applications* Thailand Any Any Any 0.186 KG US Dollar
12 28030010 Carbon Black used in rubber applications* Any Thailand Any Any 0.186 KG US Dollar

*Note: - Thermal Black and Carbon Black grade meant for semi conductive compound applications are excluded from the scope of the product under consideration.

2. The anti-dumping duty imposed under this notification shall be levied from the date of publication of this notification in the Official Gazette and valid up to the 29th July, 2014 and shall be payable in Indian currency.

3. Notwithstanding anything contained in paragraph 2, the anti-dumping duty specified against serial numbers 4 to 12 in the TABLE above shall be levied up to and inclusive of the 29th day of July, 2015, unless revoked earlier and shall be payable 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 conferred by section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for 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.

Raj Kumar Digvijay

Under secretary to the Government of India