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THE CUSTOMS TARIFF ACT 1975 (Notification)
2015

Body Notification No. 32/2015-Customs (ADD), F.No. 354/124/2002-TRU (Pt.-III), Dated, 10th July, 2015

Whereas, the designated authority, vide notification No. 15/21/2013-DGAD, dated the 28th October, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of Phenol (hereinafter referred to as the subject goods) falling under tariff item 2707 99 00 or subheading 2907 11 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 South Africa (hereinafter referred to as the subject country), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 10/2013-Customs (ADD), the 3rd May, 2013, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 285(E), dated the 3rd May, 2013;

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 30th October, 2014, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 29/2013-Customs (ADD), dated the 12th November, 2013, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R 733(E), dated the 12th November, 2013;

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 in its final findings, published vide notification No. 15/21/2013-DGAD, dated the 27th April, 2015, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that,-

(i) dumping of the subject goods is continuing from the subject country;

(ii) the domestic industry has suffered material injury due to cumulative effects of dumped imports from several sources, including the subject country;

(iii) dumping from the subject country is likely to continue, if the duties are removed, and consequently the domestic industry is likely to continue to suffer material injury,

and has recommended 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, specification of which is specified in column (4), falling under subheading/ 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 (5), exported from the countries as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), exported by the exporters as specified in the corresponding entry in column (8), imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and as per unit of measurement as specified in the corresponding entry in column (10) of the said Table, namely:-

Table

S. No Tariff item/Subheading Description of goodss Specification Country of origin Country of export Producer Exporter Amount Unit Currency
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
1 2707 99 00 or 2907 11 Phenol Bulk and/or Packed South Africa Any Any Any 342.76 MT US Dollar
2 2707 99 00 or 2907 11 Phenol Bulk and/or Packed Any country other than countries attracting antidumping duty South Africa Any Any 342.76 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.

3. Notwithstanding anything contained in paragraph 2, the anti-dumping duty imposed under this notification shall remain in force up to and inclusive of the 9th January, 2021, unless revoked, superseded or amended 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