THE CUSTOMS TARIFF ACT 1975 (Notification)
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Notification No.58/2012-Customs (ADD) , F.No.354/206/2012 -TRU, Dated, 24th December, 2012

WHEREAS in the matter of Phthalic Anhydride (hereinafter referred to as the subject goods), falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Korea RP, Taiwan (Chinese Taipei) and Israel (hereinafter referred to as the subject countries),and imported into India, the designated authority in its final findings published in the Gazette of India, Extraordinary, Part I, Section 1,vide notification No. 14/1/2011-DGAD, dated the 28th September, 2012, had come to the conclusion that -

(i) the subject goods have been exported to India from the subject countries below its associated normal value, except in the cases wherein the dumping margin has been found to be negative;

(ii) the domestic industry has suffered material injury in respect of the subject goods;

(iii) the injury has been caused by the dumped imports of the subject goods from subject countries.

AND WHEREAS, the designated authority in its aforesaid findings, has recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in or exported from the subject countries and imported into India, in order to remove injury to the domestic industry;

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 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, 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 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 producer 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 exporter 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 indicated 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.

Table

Sl. No.	Tariff Item	Description of goods	Country of Origin	Country of Export	Producer	Exporter	Amount	Unit	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1.	2917 35 00	Phthalic Anhydride	Korea RP	Korea RP	M/s Aekyung Petroche mical Co., Ltd	M/s Humade Corpora tion	NIL	MT	US Dollar
2.	2917 35 00	Phthalic Anhydride	Korea RP	Any other than subject countries	Any	Any	91.12	MT	US Dollar
3.	2917 35 00	Phthalic Anhydride	Any other than subject countries	Korea RP	Any	Any	91.12	MT	US Dollar
4.	2917 35 00	Phthalic Anhydride	Taiwan	Taiwan	Nan Ya Plastics Corpora tion	Nan Ya Plastics Corpora tion	63.33	MT	US Dollar
5.	2917 35 00	Phthalic Anhydride	Taiwan	Any other than subject countries	Any	Any	150.88	MT	US Dollar
6.	2917 35 00	Phthalic Anhydride	Any other than subject countries	Taiwan	Any	Any	150.88	MT	US Dollar
7.	2917 35 00	Phthalic Anhydride	Israel	Israel	Gadiv Petroche micals Industries Ltd.	Gadiv Petroche micals Industries Ltd.	17.99	MT	US Dollar
8.	2917 35 00	Phthalic Anhydride	Any other than subject countries	Israel	Any	Any	139.76	MT	US Dollar
9.	2917 35 00	Phthalic Anhydride	Israel	Any other than subject countries	Any	Any	139.76	MT	US Dollar

2. The anti-dumping duty imposed under this notification shall be levied for a period of five years (unless revoked, amended or superseded earlier) from the date of publication of this notification in the Gazette of India and shall be paid in Indian currency.

3. Notwithstanding anything contained in paragraph 2, this notification, unless revoked earlier, shall remain in force up to and inclusive of the 23rd December, 2018.

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, under 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.

Rajkumar Digvijay

Under Secretary to the Government of India.