THE CUSTOMS TARIFF ACT 1975 (Notification)
2016

Notification No. 28/2016-Customs (ADD), F.No.354/285/2015-TRU (Pt.-I), Dated, 5th July, 2016

Whereas, in the matter of "Purified Terephthalic Acid" including its variants "Medium Quality Terephthalic Acid" and "Qualified Terephthalic Acid" (hereinafter referred to as the subject goods), falling under tariff item 2917 36 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, the People's Republic of China, Iran, Indonesia, Malaysia and Taiwan (hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No. 14/8/2015-DGAD, dated the 12th November, 2015, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12th November, 2015, had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from the subject countries;

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 with effect from 10th December, 2015 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.60/2015-Customs (ADD), dated the 10th December, 2015, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 952 (E), dated the 10th December, 2015;

And, whereas, the designated authority in its final findings vide notification No.14/8/2015-DGAD, dated the 9th June, 2016, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9th June, 2016, while confirming the preliminary findings dated the 12th November, 2015, has come to the conclusion that ,-

(i) the subject goods have been exported to India from subject countries below its normal value, resulting in dumping;

(ii) the domestic industry has suffered material injury due to dumping of the subject goods from the subject countries;

(iii) material injury has been caused by the dumped imports of subject goods from the subject countries, and has recommended the imposition of definitive anti-dumping duty on imports of 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 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 the 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), exported from the countries as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), 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, namely .-

Table

S. 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.	2917 36 00	Purified Terephthalic Acid	People's Republic of China	People's Republic of China	BP Zhuhai Chemical Company Ltd., China PR	BP Asia Ltd. Hong Kong	95.70	Metric Tonne	US$
2.	2917 36 00	Purified Terephthalic Acid	People's Republic of China	People's Republic of China	Any combination other than S. No.1 above		97.60	Metric Tonne	US$
3.	2917 36 00	Purified Terephthalic Acid	People's Republic of China	Any country other than those subject to antidumping duty	Any	Any	97.60	Metric Tonne	US$
4.	2917 36 00	Purified Terephthalic Acid	Any country other than those subject to antidumping duty	People's Republic of China	Any	Any	97.60	Metric Tonne	US$
5.	2917 36 00	Purified Terephthalic Acid	Indonesia	Indonesia	PT BP Petrochemicals, lndonesia	BP Asia Ltd., Hong Kong	83.08	Metric Tonne	US$
6.	2917 36 00	Purified Terephthalic Acid	Indonesia	Indonesia	Any combination other than S. No.5 above		168.76	Metric Tonne	US$
7.	2917 36 00	Purified Terephthalic Acid	Indonesia	Any country other than those subject to antidumping duty	Any	Any	168.76	Metric Tonne	US$
8.	2917 36 00	Purified Terephthalic Acid	I Any country other than those subject to antidumping duty	Indonesia	Any	Any	168.76	Metric Tonne	US$
9.	2917 36 00	Purified Terephthalic Acid	Taiwan	Taiwan	China American Petrochemical Co. Ltd., Taiwan	BP Asia Ltd., Hong Kong	136.72	Metric Tonne	US$
10.	2917 36 00	Purified Terephthalic Acid	Taiwan	Taiwan	Formosa Chemicals & Fibre Corporation, Taiwan	Formosa Chemical & Fibre Corporation Taiwan, Dinowic Pte Ltd., Singapore Methyl Co. Ltd., Taiwan, ltochu Corporation Japan	85.87	Metric Tonne	US$
11.	2917 36 00	Purified Terephthalic Acid	Taiwan	Taiwan	Any combination other than S. No.9 and 10 above		153.60	Metric Tonne	US$
12.	2917 36 00	Purified Terephthalic Acid	Taiwan	Any country other than those subject to antidumping duty	Any	Any	153.60	Metric Tonne	US$
13.	2917 36 00	Purified Terephthalic Acid	Any country other than those subject to antidumping duty	Taiwan	Any	Any	153.60	Metric Tonne	US$
14.	2917 36 00	Purified Terephthalic Acid	lran	lran	Any	Any	102.86	Metric Tonne	US$
15.	2917 36 00	Purified Terephthalic Acid	lran	Any country other than those subject to antidumping duty	Any	Any	102.86	Metric Tonne	US$
16.	2917 36 00	Purified Terephthalic Acid	Any country other than those subject to antidumping duty	lran	Any	Any	102.86	Metric Tonne	US$
17.	2917 36 00	Purified Terephthalic Acid	Malaysia	Malaysia	Any	Any	98.48	Metric Tonne	US$
18.	2917 36 00	Purified Terephthalic Acid	Malaysia	Any country other than those subject to antidumping duty	Any	Any	98.48	Metric Tonne	US$
19.	2917 36 00	Purified Terephthalic Acid	Any country other than those subject to antidumping duty	Malaysia	Any	Any	98.48	Metric Tonne	US$

2. The anti-dumping duty imposed under this notification shall be levied 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, the 10th December, 2015, and shall be payable in Indian currency.

Provided that the said anti-dumping duty shall not be levied for the period commencing from the date of the lapse of the provisional anti-dumping duty, that is, the 10th June, 2016 upto the preceding day of the publication of this notification in the Official Gazette.

Explanation.- For the purposes of this notification, rate of exchange applicable for the purpose 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.

(Anurag Sehgal)

Under Secretary to the Government of India