Anti-dumping Duty on
Melamine from China – Final Findings
·
Duty Cut to $331.10/MT from $1681.49/MT
[Customs Notification No. 02 (ADD) dated 28th January
2016]
Seeks to levy definitive anti-dumping duty on Melamine,
originating in, or exported from the People’s Republic of China,
for a period of five years.
Whereas, the designated authority, vide notification No. 15/17/2014-DGAD, dated the 9th December, 2014,
published in the Gazette of India, Extraordinary, Part I, Section 1, had
initiated a review in the matter of continuation of anti-dumping duty on
imports of Melamine (hereinafter referred to as the subject goods) falling
under tariff item 2933 61 00 of Chapter 29 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
(hereinafter referred to as the subject country), imposed vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 10/2010-Customs, dated the 19th February, 2010, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 91(E), dated the
19th February, 2010;
And whereas, the Central Government had extended the period of
imposition of anti-dumping duty on the subject goods, originating in or
exported from the subject country upto and inclusive
of the 18th February, 2016 vide notification of the Government
of India, in the Ministry of Finance (Department of Revenue) No.
02/2015-Customs (ADD), dated the 7th January, 2015, published in Part II,
Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, vide number G.S.R 16(E), dated the 7th January,
2015;
And whereas, in the matter of review of anti-dumping duty on
import of the subject goods, originating in or exported from the subject
country, the designated authority in its final findings, published vide notification
No. 15/17/2014-DGAD, dated the 5th December, 2015, in the Gazette of India,
Extraordinary, Part I, Section 1, has come to the conclusion that
(i) there is continued
dumping of the subject goods from the subject country;
(ii) these dumped imports continue to cause injury to the
domestic industry;
(iii) in the event of revocation or cessation of anti-dumping
duties, dumping of subject goods from subject country and injury to domestic
market is likely to continue or intensify,
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 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 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 |
|||||||||
|
SNo. |
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. |
2933 61 00 |
Melamine |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
331.10 |
MT |
US Dollar |
|
2. |
2933 61 00 |
Melamine |
Any country other than those subject to anti-dumping duty |
People’s Republic of China |
Any |
Any |
331.10 |
MT |
US dollar |
|
3. |
2933 61 00 |
Melamine |
People’s Republic of China |
Any country other than those subject to anti-dumping duty |
Any |
Any |
331.10 |
MT |
US Dollar |
2. The
anti-dumping duty imposed under this notification shall be effective for a
period of five years (unless revoked, superseded or amended earlier) from the
date of publication of this notification in the Official Gazette and shall be
paid 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.
[F.No. 354/28/2004-TRU (Pt.-I)]