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THE CUSTOMS TARIFF ACT 1975 (Notification)
2014

Notification No. 10 /2014-Customs (ADD), F.No.354/65/2007-TRU (Pt.-II) Dated , 11th March, 2014

Whereas, the designated authority, vide notification No. 15/1/2012-DGAD, dated the 15th June, 2012, published in Part I, Section 1 of the Gazette of India, Extraordinary had initiated a review in the matter of continuation of anti-dumping duty on imports of Acetone (hereinafter referred to as subject goods) falling under tariff item 2914 11 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 European Union, South Africa, Singapore and the United States of America (hereinafter referred to as the subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 33/2008-Customs dated the 11th March, 2008 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R. No.174 (E), dated the 11th March, 2008, as amended by notification No. 29/2012-Customs (ADD) dated the 29th May, 2012 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R. No.398 (E), dated the 29th May, 2012.

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject countries upto and inclusive of the 18th June, 2013 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 37/2012-Customs (ADD) dated the 19th July, 2012, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R No.579 (E), dated the 19th July, 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 countries, the designated authority vide its final findings, No. 15/1/2012-DGAD dated the 13th December, 2013, published in Part I, Section 1 of the Gazette of India, Extraordinary, has come to the conclusion that-

(i) The subject goods are likely to enter the Indian market at dumped prices if the anti-dumping duties in force cease to operate and the situation of domestic industry is likely to deteriorate if the existing anti dumping duties from subject countries are allowed to cease;

(ii) The deterioration in the performance of the domestic industry is likely to be because of dumped imports from subject countries;

(iii) The anti dumping duty is required to be extended from subject countries,

and has recommended continued imposition of the anti-dumping duty on the subject goods, originating in or exported from the subject countries.

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 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.

2914 11 00 Acetone Singapore Singapore Any M/s Mitsui and Co. Ltd.

158.11

MT US Dollar

2.

2914 11 00 Acetone Singapore Singapore Any M/s Sumitomo Corporation and M/s Petrochem Middle East FZE, UAE

147.15

MT US Dollar

3.

2914 11 00 Acetone Singapore Singapore Any combination of producer and exporter other than at SI. No. 1 and 2  

240.06

MT US Dollar

4.

2914 11 00 Acetone Singapore Any country other than Singapore Any Any

240.06

MT US Dollar

5.

2914 11 00 Acetone Any country other than subject countries Singapore Any Any

240.06

MT US Dollar

6.

2914 11 00 Acetone South Africa South Africa M/s Sasol Solvents M/s Sasol Solvents

141.95

MT US Dollar

7.

2914 11 00 Acetone South Africa South Africa Any combination of producer and exporter other than at SI. No. 6  

179.65

MT US Dollar

8.

2914 11 00 Acetone South Africa Any country other than South Africa Any Any

179.65

MT US Dollar

9.

2914 11 00 Acetone Any country other than subject countries South Africa Any Any

179.65

MT US Dollar

10.

2914 11 00 Acetone United States of America United States of America Any Any

213.76

MT US Dollar

11.

2914 11 00 Acetone United States of America Any country other than United States of America Any Any

213.76

MT US Dollar

12.

2914 11 00 Acetone Any country other than subject countries United States of America Any Any

213.76

MT US Dollar

13.

2914 11 00 Acetone European Union European Union Any Any

277.85

MT US Dollar

14.

2914 11 00 Acetone European Union Any country other than European Union Any Any

277.85

MT US Dollar

15.

2914 11 00 Acetone Any country other than subject countries European Union Any Any

277.85

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 and 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.

(Akshay Joshi)

Under Secretary to the Government of India