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THE CUSTOMS TARIFF ACT 1975 (Notification)
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Body NOTIFICATION No.3/2018-Customs (ADD), F.No.354/82/2017 -TRU (Pt-I), Dated, 23rd January, 2018

Whereas, in the matter of import of 'Toluene Di-Isocyanate (TDI)' (hereinafter referred to as the subject goods) falling under the tariff item 2929 10 20 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 China PR, Japan and Korea RP (hereinafter referred to as the subject countries), and imported into India, the designated authority in its final findings vide notification number 14/36/2016-DGAD, dated the 13th December, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the13th December, 2017, has come to the conclusion that-

    (a) the product under consideration has been exported to India from the subject countries below its normal value, resulting in dumping;

    (b) the domestic industry has suffered material injury due to dumping of the product under consideration from the subject countries;

    (c) the material injury has been caused by the dumped imports from the subject countries,

and, has recommended the imposition of definitive anti-dumping duty on the imports of subject goods, originating in or exported from the subject countries 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, and 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 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 specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9) of the said Table:

Table

S 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. 29291020 Toluene diisocyanate China PR China PR Any Any 0.26 Kg. US$
2. 29291020 Toluene diisocyanate China PR Any country other than those subject to antidumping Duty Any Any 0.26 Kg. US$
3. 29291020 Toluene diisocyanate Any country other than those subject to antidumping Duty China PR Any Any 0.26 Kg. US$
4. 29291020 Toluene diisocyanate Japan Japan Any Any 0.15 Kg. US$
5. 29291020 Toluene diisocyanate Japan Any country other than those subject to antidumping Duty Any Any 0.15 Kg.  
6. 29291020 Toluene diisocyanate Any country other than those subject to antidumping Duty Japan Any Any 0.15 Kg. US$
7. 29291020 Toluene diisocyanate Korea RP. Korea RP. Hanwha Solutions Corporation a) PP and Y International Co. Ltd.

b)Everlite Korea Co., Ltd.

c) IMS Corporation

0.22 Kg. US$
8. 29291020 Toluene diisocyanate Korea RP. Korea RP. BASF Company Ltd. BASF Company Ltd. 0.31 Kg. US$
9. 29291020 Toluene diisocyanate Korea RP. Korea RP. Any combination other than mentioned in Sl. No.7 & 8 above

 

0.44 Kg. US$
10. 29291020 Toluene diisocyanate Any country other than those subject to antidumping Duty Korea RP. Any Any 0.44 Kg. US$
11. 29291020 Toluene diisocyanate Korea RP. Any country other than those subject to antidumping Duty Any Any 0.44 Kg. US$

2. The anti-dumping duty shall be effective 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 5th June, 2017 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 5th December, 2017 to 22nd January, 2018.

3. Notwithstanding anything contained in paragraph 2, the anti-dumping duty shall remain in force up to and inclusive of the 27th September, 2022, 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 Act.

(Ruchi Bisht)

Under Secretary to the Government of India.