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THE CUSTOMS TARIFF ACT 1975 (Notification)
2017

NOTIFICATION No.46/2017-Customs (ADD), F.No.354/148/2017 -TRU (Pt. I), Dated, 4th October, 2017

Whereas, the Designated Authority, vide notification No.15/09/2016-DGAD, dated the 1st September, 2016, published in the Gazette of India, Extraordinary, Part I Section 1, dated the1st September, 2016 had initiated a sunset review in the matter of continuation of anti-dumping duty on imports of 'Para Nitro Aniline (PNA)' (hereinafter referred to as the subject goods), falling under heading of 29214226 under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from China PR (hereinafter referred to as the subject country), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 88/2011- Customs (ADD), dated the 9th September, 2011, published in the Gazette of India, Extraordinary, Part II, Section 3 sub-section(i) vide number G.S.R. 667(E), dated the 9th September, 2011;

And whereas, the Central Government had extended the period of imposition of antidumping duty on the subject goods, originating in or exported from the subject country up to and inclusive of the 8th September, 2017 vide notification No.49/2016-Customs (ADD), dated the 7th September, 2016 published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section(i) vide number G.S.R. 864 (E), dated the 7th September, 2016; against imports from subject country which, has expired on the 8th September, 2017;

And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, the Designated Authority in its final findings, published vide notification No. 15/09/2016-DGAD, dated the 29th August, 2017, in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th August, 2017 has come to the conclusion that-

    (i) the subject goods have been exported to India from the subject country below its associated normal value except from M/s Suzhou Luosen Auxiliaries Co. Ltd exporting through M/s Wujiang City Yilin Foreign Trading Co;

    (ii) the Domestic Industry has suffered injury from the exports from China except M/s Suzhou Luosen Auxiliaries Co. Ltd exporting through M/s Wujiang City Yilin Foreign Trading Co. Ltd.;

    (iii) there is no likelihood of continuation or recurrence of dumping and injury in case of cessation of Anti-dumping duties from M/s Suzhou Luosen Auxiliaries Co. Ltd exporting through M/s Wujiang City Yilin Foreign Trading Co.,

and has recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from subject country and imported into India, 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, (1975 (51 of 1975), read with rules 18, 20 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 aforesaid Customs Tariff Act, as 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 and in the currency specified in the corresponding entry in column (8), 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 (in US Dollar) Unit of Measurement
(1) (2) (3) (4) (5) (6) (7) (8) (9)

1.

2921 4226 Para nitroaniline China PR China PR M/s. Suzhou Luosen Auxiliaries Co. Ltd. M/s. Wujiang City Yilin Foreign Trading Co. Ltd. Nil Metric Ton

2.

2921 4226 Para nitroaniline China PR China PR M/s. HejianYing zhou Chemical Co. Ltd M/s. HejianYing zhou Chemical Co. Ltd

183.54

Metric Ton

3.

2921 4226 Para nitroaniline China PR China PR Any combination other than mentioned in Sl. No. 1 to 2 above

256.48

Metric Ton

4.

2921 4226 Para nitroaniline China PR Any country other than China PR Any Any

256.48

Metric Ton

5.

2921 4226 Para nitroaniline Any country other than China PR China PR Any Any

256.48

Metric Ton

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, amended and superseded earlier) from the date of publication of this notification in the official Gazette and shall be payable 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.

(Ruchi Bisht)

Under Secretary to the Government of India