THE CUSTOMS TARIFF ACT 1975 (Notification)
2014

Notification No. 11/2014-Customs (ADD), F.No.354/26/2013-TRU, Dated, 11th March, 2014

Whereas, in the matter of Meta Phenylene Diamine (MPDA) (hereinafter referred to as the subject goods), falling under Chapter 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, the People's Republic of China (hereinafter referred to as the subject country) and imported into India, the designated authority in its preliminary findings vide notification No. 14/04/2012-DGAD dated 1st January, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st January, 2013, had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from, the subject country;

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 of the Government of India in the Ministry of Finance (Department of Revenue), No. 2/2013 -Customs (ADD), dated 22nd March, 2013, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.187 (E), dated the dated 22nd March, 2013;

And whereas, the designated authority in its final findings vide notification No. 14/04/2012-DGAD dated 17th December, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17th December, 2013, had come to the conclusion that-

(a) The subject goods have been exported to India from the subject country below its normal value;

(b) The domestic industry has suffered material injury on account of subject imports from the subject country;

and had recommended the imposition of definitive anti-dumping duty on imports of 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 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 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 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	2921 51 20, 2921 51 90	Meta Phenylene Diamine (MPDA)	People's Republic of China	People's Republic of China	JiangsuTianjiayi Chemical Co. Ltd	Changshan Haicheng Chemical Co. Ltd.	0.574	Kg	US Dollar
2	2921 51 20, 2921 51 90	Meta Phenylene Diamine (MPDA)	People's Republic of China	People's Republic of China	Zhejiang Amino-Chem Co. Ltd	Zhejiang Amino-Chem Co. Ltd	0.615	Kg	US Dollar
3	2921 51 20, 2921 51 90	Meta Phenylene Diamine (MPDA)	People's Republic of China	People's Republic of China	Any combination other than mentioned in Sl. no. 1 & 2 of above producer and exporter		0.780	Kg	US Dollar
4	2921 51 20, 2921 51 90	Meta Phenylene Diamine (MPDA)	People's Republic of China	Any other than People's Republic of China	Any	Any	0.780	Kg	US Dollar
5	2921 51 20, 2921 51 90	Meta Phenylene Diamine (MPDA)	Any other than People's Republic of China	People's Republic of China	Any	Any	0.780	Kg	US Dollar

Note- MPDA is also known as m- Phenylene Diamine, 1,3- diaminobenzene, 1, 3- Benzenediamine, m-Aminoaniline, m-Benzenediamine, m- Diaminobenzene, 1,3-Phenylenediamine, 3- Aminoaniline, m-Fenylendiamin, Phenylenediamine, and m-Aminoaline, Phenylenediamine meta.

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 imposition of the provisional anti-dumping duty, that is, 22nd March, 2013 and shall be payable in Indian currency.

3. Notwithstanding anything contained in paragraph 2 this notification shall remain in force upto and inclusive of the 21st March, 2019 unless revoked earlier.

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.

(Akshay Joshi)

Under Secretary to the Government of India