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    Feb 11, 2011

    CUSTOM IMPOSES ANTI DUMPING DUTY ON BARIUM CARBONATE

    [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 /2011-Customs 
    New Delhi, the 7
    th
     February, 2011 
    G.S.R.       (E). - Whereas in the matter of imports of Barium Carbonate [hereinafter referred 
    to as the subject goods], falling under sub heading 2836 60 00 of the First Schedule to the 
    Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People’s Republic 
    of China (hereinafter referred as the subject country) and imported into India, the designated 
    authority in its preliminary findings vide notification No. 14/18/2009-DGAD, dated the 7th 
    January, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 
    8th January, 2010, had come to the conclusion that – 

    (a)  the product under consideration had been exported to India from the subject 
    country below its associated normal value, thus resulting in dumping of the product;  
    (b)  the domestic industry had suffered material injury in respect of the subject goods; 
    (c) the material injury had been caused by the dumped imports from the subject 
    country; 
    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 No. 37/2010-Customs, dated the 23
    rd
     March, 2010, published in the Gazette of 
    India, Extraordinary Part II, Section 3, Sub-section (i), vide number G.S.R. 208(E), dated the 
    23
    rd
     March, 2010; 
     And whereas, the designated authority, in its final findings vide notification No. 
    14/18/2009-DGAD dated the 10
    th
     December, 2010, published in the Gazette of India,
    Extraordinary, Part I, Section 1, dated the 10
    th
     December, 2010, had come to the conclusion 
    that- 
    (a) the product under consideration had been exported to India from the subject country 
    below its normal value, thus resulting in dumping of the product; 
    (b) the domestic industry had suffered material injury in respect of the subject goods; and 
    (c)  The material injury had been caused by dumped imports of the subject goods from the 
    subject country; 
    Now, therefore, in exercise of the powers conferred by sub-section (1) read with subsection (5) of section 9A of the said Customs Tariff Act, 1975 read with 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, 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 subheading of the First Schedule to the said Customs Tariff Act as specified in the corresponding 
    entry in column (2),originating in the country specified in the corresponding entry in column 
    (4), and exported from the country specified in the corresponding entry in column (5) and 
    produced by the producer specified in the corresponding entry in column (6) and exported by 
    the exporter 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. 


    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 antidumping duty, that is, the 23
    rd
     March, 2010, 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.354/21/2010 –TRU]  
                                
            (Navin Kumar Vidyarthi)
          Under Secretary to the Government of India.

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