Notification No. 10/2013-Customs (ADD)
G.S.R. 285 (E). – Whereas, in the matter of import of Phenol (hereinafter referred to as the
subject goods), falling under Chapter 27 or 29 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, European
Union, South Africa and Singapore (hereinafter referred to as the subject
countries), on the basis of the findings
of the designated authority made vide notification No. 15/09/2007-DGAD dated the 4th August, 2008, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 4th August, 2008, 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. 114/2008-Customs, dated the 31st October, 2008, published in the
Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.758 (E), dated, the
31st October, 2008.
And
whereas, the designated authority vide notification No. 15/16/2011-DGAD,
dated the 8th December, 2011, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 8th December, 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. 114/2008-Customs, dated the 31st October, 2008,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R.758 (E), dated the 31st October, 2008.
And
whereas, the designated authority vide notification number
15/16/2011-DGAD, dated the 6th February, 2013 published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 6th
February, 2013, had concluded that-
(i)
the
dumping margin of the subject goods imported from European Union and South Africa is
positive whereas for Singapore it
is negative during
the period of investigation;
(ii) subject goods are likely to enter the Indian market at dumped prices from
South Africa should the present measures be withdrawn and the likely dumping margin and
injury margin
in respect of imports
from South Africa is
significant;
(iii)
the
injury to the domestic industry is not likely to continue
or recur on account
of imports of subject goods from
Singapore and European
Union, if the existing anti-dumping duty is withdrawn;
(iv) even though the domestic industry has improved its performance during the period of investigation, the situation of domestic industry continues to be fragile
and should the present anti dumping
duties from South Africa be withdrawn, injury to the domestic industry is
likely to
recur,
and
had recommended continuation of
anti dumping duty on imports of subject goods from South Africa at the rates specified vide notification number 15/9/2007-DGAD dated
the 4th August, 2008 and Customs
notification number 114/2008
dated
the 31st October, 2008 in order to remove injury to the
domestic industry and withdrawal of anti dumping
duties on subject goods from Singapore and European Union as the injury to the domestic industry is not likely to
continue or recur on account
of imports of subject goods from
Singapore and European
Union, if the said anti-dumping duty is removed.
Now, therefore, in exercise of the
powers conferred by sub-sections (1) and (5) of section 9A of the Customs
Tariff Act, 1975 (51 of 1975), 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. 114/2008-Customs, dated the 31st October, 2008,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R.758 (E), dated the 31st October, 2008
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 or 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
|
Tariff
item/ Sub-heading
|
Description
of goods
|
Country
of origin
|
Country
of export
|
Producer
|
Exporter
|
Amt.
|
Unit
of measu-rement
|
Curr-ency
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
|
1.
|
2707
99 00 or 2907 11
|
Phenol
|
South
Africa
|
South
Africa
|
Any
|
Any
|
119
|
MT
|
US
dollar
|
|
2.
|
2707
99 00 or 2907 11
|
Phenol
|
South
Africa
|
Any
country other than South Africa
|
Any
|
Any
|
119
|
MT
|
US
dollar
|
|
3.
|
2707
99 00 or 2907 11
|
Phenol
|
Any
country other than South Africa
|
South
Africa
|
Any
|
Any
|
119
|
MT
|
US
dollar
|
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
30th October, 2013.
3. The
anti-dumping duty imposed under this notification 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.
[F.No.354/124/2002-TRU (Pt-III)]
(Raj Kumar Digvijay)
Under Secretary
to the Government of India
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