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THE CUSTOMS TARIFF ACT 1975 (Notification)
2014

Notification No. 46/2014-Customs (ADD), F.No.354/41/2000 -TRU (Pt.IV) , Dated, 8th December, 2014

Whereas, the designated authority vide notification number No. 15/2/2013-DGAD, dated the 18th October, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th October, 2013, had initiated mid-term review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the 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, in the matter of continuation of anti-dumping duty on imports of Sodium Nitrite (hereinafter referred to as the subject goods), falling under tariff item 28341010 of the First Schedule to the Customs Tariff Act, originating in, or exported from, People's Republic of China (hereinafter referred to as the subject country), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 76/2011-Customs, dated the 17th August, 2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 628(E), dated the 17th August, 2011;

And, whereas, the designated authority, in its final findings in mid-term review vide notification No. 15/02/2013, dated the 15th October, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 15th October, 2014, has recommended that anti-dumping duty is required to be extended at the modified rates on imports of 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, 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 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 76/2011-Customs, dated the 17th August, 2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 628(E), dated the 17th August, 2011, except as respects things done or omitted to be done before such supersession, the Central Government, on the basis of aforesaid finding and recommendation 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 item of the First Schedule to the 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), exported from the countries as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), exported 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 as specified in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and as per unit of measurement as specified in the corresponding entry in column (9), of the said Table, namely:-

Table

Sl.No. Tariff item 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 2834 1010 Sodium Nitrite People's Republic of China People's Republic of China Any Any 135.83 Metric Tonne US Dollar
2 2834 1010 Sodium Nitrite People's Republic of China Any country other than People's Republic of China Any Any 135.83 Metric Tonne US Dollar
3 2834 1010 Sodium Nitrite Any country other than People's Republic of China People's Republic of China Any Any 135.83 Metric Tonne US Dollar

2. This notification shall remain in force upto and inclusive of the 16th August, 2016, unless revoked earlier, and the anti-dumping duty shall be paid in Indian currency.

3. Notwithstanding anything contained in paragraph 2, this notification shall remain in force up to and inclusive of the 16th day of August, 2017, unless revoked earlier.

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.

(Akshay Joshi)

Under Secretary to the Government of India