Import of ‘O-Acid’ from China PR-Definitive anti-dumping duty imposed

Dated 12th March, 2018 | Copy of | CUSTOMS NOTIFICATION |

Whereas, in the matter of import of ‘O-Acid’ (hereinafter referred to as the subject goods), falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), originating in, or exported from China PR (hereinafter referred to as the subject country) and imported into India, the designated authority vide its preliminary findings published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No.14/31/2016-DGAD, dated the 23rd May, 2017, had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in or exported from subjects country; And whereas, on the basis of aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.35/2017-Customs (ADD) dated the 13th July, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.879(E) dated the 13th July, 2017;

And whereas, on the basis of aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.35/2017-Customs (ADD) dated the 13th July, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.879(E) dated the 13th July, 2017;

And whereas, the designated authority in its final findings vide notification No.14/31/2016-DGAD dated 19th December, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th December, 2017, has come to conclusion that-

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

(ii) the Domestic Industry has suffered material injury due to dumping of the product under consideration from the subject country;

(iii) the material injury has been caused by the dumped imports from the subject country.

and has recommended imposition of definitive anti-dumping duty equal to the lesser of the margin of dumping and the margin of injury, so as to remove the injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 and 20 of the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid 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 items of the First Schedule to the said 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), and 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, a definitive 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 per unit of measurement as specified in the corresponding entry in column (9) of the said Table:-

2. The anti-dumping duty imposed under this notification shall be effective for a period of 3 years (unless revoked, amended or superseded earlier) from the date of imposition of the provisional anti-dumping duty, that is, the 13th July, 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 13th January, 2018 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 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.

Sd/-
(Ruchi Bisht)
Under Secretary to the Government of India

F.No.354/111/2017–TRU
Issued by:
Ministry of Finance
(Department of Revenue)
New Delhi