ADD on Barium Carbonate - It is Guangzhou Chemicals Imp. & Exp. Co., Ltd. & not Guangzhou Chemicals Import and Export Corporation
THE Central Government, on the basis of the findings of the designated authority, had imposed 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.
TABLE
S.No. | Subheading | Description | Country | Country | Producer | Exporter | Duty | Unit | Currency |
|---|---|---|---|---|---|---|---|---|---|
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) |
5. | 28366000 | Barium | People's | People's | M/s China Haohua Chemical Industry Group, Tianzhu Chemical Industry Co. Ltd. (Tianzhu) | M/s Guangzhou Chemicals Import & export Corporation | 102.19 | MT | US |
The above is an extract from the notification 6/2011-Cus dated 7th February, 2011 imposing anti-dumping duty on Barium Carbonate.
Now, a notification has been issued on 18th April, 2013 mentioning that against S. No. 5 for the existing entries in column (7), the entries "M/s Guangzhou Chemicals Import and Export Co. Ltd, People's Republic of China" shall be substituted.
One would be curious to know why this amendment after two years. Has the exporter referred earlier changed the name of his company? We googled and found that the company with the name "M/s Guangzhou Chemicals Import and Export Co. Ltd," exists in the People's Republic of China since the year 1976, has its website, www.gzchem.com but apparently there is no company by the name M/s Guangzhou Chemicals Import & Export Corporation and this name must probably be the name by which the company in question is colloquially referred to.
But then, shouldn't the notification imposing Anti-dumping duty be specific when it comes to mentioning the name of the exporter? Of course, yes.
And this error was noticed by the Designated Authority and he had issued an amendment notification on 28th February, 2013 to his notification 14/18/2009-DGAD dated 10th December, 2010.
The CBEC has now made a similar correction.
Now, will this notification operate retrospectively?
Notification , dated 18th April, 2013
Notification dated 28 th February, 2013 by Designated authority