[TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA, EXTRAORDINARY]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 05/2014-Customs (ADD)
New Delhi, the 16th January,
2014
G.S.R. (E). –
Whereas, the designated authority, vide notification No.
15/1007/2012-DGAD, dated the 9th August,
2012, published in Part I, Section I of the Gazette of India, Extraordinary had
initiated a review in the matter of continuation of anti-dumping duty on imports
of Nonyl Phenol (hereinafter referred to as the subject goods) falling
under Tariff item 2907 13 00 of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act),
originating in or exported from, Chinese Taipei (hereinafter referred to as the
subject country), imposed vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue),
No. 94/2007 dated the 22nd August,
2007 published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, vide G.S.R. No. 562 (E), dated the 22nd August,
2007.
And
whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in or exported from the subject country upto and
inclusive of the 21st August,
2013 vide notification of the Government of India, in the Ministry of
Finance (Department of Revenue), No. 39/2012 –Customs (ADD) dated the 24th August,
2012, published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, vide G.S.R No. 650 (E), dated the 24th August,
2012.
And
whereas, in the matter of review of anti-dumping duty on import of the subject
goods, originating in or exported from the subject country, the designated
authority vide its final findings, No. 15/1007/2012-DGAD dated the 8th November,
2013, published in Part I, Section 1, of the Gazette of India, Extraordinary,
has come to the conclusion that,-
(i) The
subject goods from subject country are entering the Indian market at dumped
prices;
(ii) The
subject goods continue to be exported to India at dumped prices despite the
existing anti dumping duties and there is a likelihood of its continuation
should the existing antidumping duties are allowed to cease;
(iii) The
injury to the domestic industry is likely to continue in the event of withdrawal
of anti dumping duty from the subject countries;
(iv) The situation
of domestic industry continues to be fragile and therefore should the present
anti dumping duties from the subject country be withdrawn, injury to the
domestic industry is likely to recur; and
(v) The
anti dumping duties are required to be extended and modified,
and has
recommended continued imposition of the anti-dumping duty on 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, the Central Government,
after considering the aforesaid final findings 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), and
exported from the countries as specified in the corresponding entry in column
(5), and produced by the producers as specified in the corresponding entry in
column (6), and 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 the unit of measurement as specified in the corresponding entry in column
(9) of the said Table.
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 |
2907 13 00 |
Nonyl Phenol |
Chinese Taipei |
Chinese Taipei |
M/s China Man-made
Fibre Corporation |
M/s China Man-made
Fibre Corporation |
163.62 |
MT |
US Dollar |
2 |
2907 13 00 |
Nonyl Phenol |
Chinese Taipei |
Chinese Taipei |
M/s Formosan Union
Chemical Corporation |
M/s Formosan Union
Chemical Corporation |
207.18 |
MT |
US
Dollar |
3 |
2907 13 00 |
Nonyl Phenol |
Chinese Taipei |
Chinese Taipei |
Any combination of
producer / exporter (other than in Sl. No. 1 and 2 above) |
364.48 |
MT |
US Dollar |
|
4 |
2907 13 00 |
Nonyl Phenol |
Chinese Taipei |
Any country other than Chinese
Taipei |
Any |
Any |
364.48 |
MT |
US Dollar |
5 |
2907 13 00 |
Nonyl Phenol |
Any Anycountry
other than Chinese Taipei |
Chinese Taipei |
Any |
Any |
364.48 |
MT |
US
Dollar |
2. The
anti-dumping duty imposed under this notification shall be effective for a
period of five years (unless revoked, superseded or amended earlier) from the
date of publication of this notification in the Official Gazette.
3. The
anti-dumping duty imposed under this notification shall be paid 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.354/117
/2007-TRU]
(Akshay Joshi)
Under Secretary to the Government of India
India's Premier Portal on Free Shipment data, DGFT, Customs and Excise matters
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