DEMO|

THE CUSTOMS TARIFF ACT 1975 (Notification)
2016

Body Notification No. 21/2016-Customs (ADD), F.No.354/273/2015-TRU, Dated, 31st May, 2016

Whereas, in the matter of "Methylene Chloride" also known as "Dichloromethane" (hereinafter referred to as the subject goods), falling under tariff item 2903 12 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 and Russia (hereinafter referred to as the subject countries), and imported into India, the Designated Authority in its preliminary findings published in the Gazette of India, Extraordinary, Part I, Section 1 vide notification No. 14/33/2014-DGAD, dated the 30th October, 2015, had recommended imposition of provisional anti-dumping duty on imports of the subject goods, originating in, or exported from the subject countries and imported into India;

And whereas, on the basis of the aforesaid preliminary findings of the designated authority, the Central Government had imposed the provisional anti-dumping duty on the subject goods, originating in, or exported from, the subject countries vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 58/2015-Customs (ADD), dated the 8th December, 2015, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number G.S.R 943(E), dated the 8th December, 2015;

And whereas, the designated authority in its final findings published in the Gazette of India, Extraordinary, Part I, Section 1 vide notification No. 14/33/2014-DGAD, dated the 30th March, 2016, has come to the conclusion that ,-

(i) the subject goods have been exported to India from the subject countries below normal values;

(ii) the domestic industry has suffered material injury on account of subject imports from the subject countries;

(iii) the material injury has been caused by the dumped imports of subject goods from the subject countries. and has recommended imposition of the definitive anti-dumping duty on the subject goods, originating in, or exported from, the subject countries, 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, 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, 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 specified in the corresponding entry in column (2), originating in the countries specified in the corresponding entry in column (4), exported from the countries specified in the corresponding entry in column (5), produced by the producers specified in the corresponding entry in column (6), exported by the exporters specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount specified in the corresponding entry in column (8), in the currency specified in the corresponding entry in column (10) and as per unit of measurement specified in the corresponding entry in column (9) of the said Table, namely.-

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. 2903 12 00 Dichloromethane (Methylene Chloride) Peoples Republic of China Peoples Republic of China Shandong Dongyue Fluo Silicon Materials Co., Ltd. Shandong Dongyue Fluo Silicon Materials Co., Ltd. 143.71 MT US Dollar
2. 2903 12 00 Dichloromethane (Methylene Chloride) Peoples Republic of China Peoples Republic of China Zhejiang Quhua Flour-Chemistry Co. Ltd Zhejiang Quhua Flour-Chemistry Co. Ltd/Farmasino Holding (HK) Limited, Hong Kong/Polychem Corporation, Taiwan/Mercy Group Co., Ltd., Hong Kong 166.83 MT US Dollar
3. 2903 12 00 Dichloromethane (Methylene Chloride) Peoples Republic of China Peoples Republic of China ShandongLiaocheng Luxi Sixth Chemical Fertilizer Co. Ltd. ShandongLiaocheng Luxi Sixth Chemical Fertilizer Co. Ltd. 122.14 MT US Dollar
4. 2903 12 00 Dichloromethane (Methylene Chloride) Peoples Republic of China Peoples Republic of China Shandong

Liaocheng

Luxi Sixth

Chemical

Fertilizer Co. Ltd.

Lu Xi Chemical

(Hong Kong) Co.

Ltd., Hong Kong

122.14 MT US Dollar
5. 2903 12 00 Dichloromethane (Methylene Chloride) Peoples Republic of China Peoples Republic of China Shandong

Liaocheng

Luxi Sixth

Chemical

Fertilizer Co. Ltd.

Lu Xi Chemical

(Hong Kong) Co.

Ltd., Hong Kong

and Tricon Energy Ltd., USA/Vinmar

International Ltd, USA/ Cosmoss VU

Ltd, Hong Kong

122.14 MT US Dollar
6. 2903 12 00 Dichloromethane (Methylene Chloride) Peoples Republic of China Peoples Republic of China Ningbo Juhua

Chemical &

Science Co.

Ltd.

Ningbo Juhua

Chemical &

Science Co. Ltd. / HK Montage

International

Holding Ltd, Hong Kong/

Farmasino Holding

(HK) Ltd, Hong Kong/ Tricon Dry

Chemicals LLC, USA

162.16 MT US Dollar
7. 2903 12 00 Dichloromethane (Methylene Chloride) Peoples Republic of China Peoples Republic of China Any combination other than the combinations specified above 279.78 MT US Dollar
8. 2903 12 00 Dichloromethane (Methylene Chloride) Peoples Republic of China Any Any Any 279.78 MT US Dollar
9. 2903 12 00 Dichloromethane (Methylene Chloride) Any country other than those attracting anti-dumping duty Peoples Republic of China Any Any 279.78 MT US Dollar
10. 2903 12 Dichloromethane (Methylene Chloride) Russia Russia Any Any 219.00 MT US Dollar
11. 2903 12 00 Dichloromethane (Methylene Chloride) Russia Any Any Any 219.00 MT US Dollar
12. 2903 12 00 Dichloromethane (Methylene Chloride) Any country other than subject countries Russia Any Any 219.00 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 imposition of the provisional anti-dumping duty, that is, the 8th December, 2015, and shall be payable in Indian currency.

3. Notwithstanding anything contained in paragraph 2, the anti-dumping duty imposed on the subject goods specified against serial numbers 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the Table above shall remain in force up to and inclusive of the 31st January, 2021, unless revoked, superseded or amended earlier.

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