Anti-dumping Duty on Phenol from EU and Singapore Withdrawn, South Africa only Till 30 Oct 2013

[Customs Notification No. 10 (ADD) dated 3^rd May 2013]

Whereas, in the matter of import of Phenol (hereinafter referred to as the subject goods), falling under Chapter 27 or 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, European Union, South Africa and Singapore (hereinafter referred to as the subject countries), on the basis of the findings of the designated authority made vide notification No. 15/09/2007-DGAD dated the 4^th August, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4^th August, 2008, the Central Government had imposed definitive anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 114/2008-Customs, dated the 31^st October, 2008, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.758 (E), dated, the 31^st October, 2008.

And whereas, the designated authority vide notification No. 15/16/2011-DGAD, dated the 8^th December, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8^th December, 2011, had initiated review in terms of sub-section (5) of section 9A of the said Customs Tariff Act read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on imports of subject goods, originating in, or exported from, the subject countries, imposed vide  notification of the Government of India, in the Ministry of Finance (Department of Revenue),No. 114/2008-Customs, dated the 31^st October, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.758 (E), dated the 31^st October, 2008.

And whereas, the designated authority vide notification number 15/16/2011-DGAD, dated the 6^th February, 2013 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6^th February, 2013, had concluded that-

(i) the dumping margin of the subject goods imported from European Union and South Africa is positive whereas for Singapore it is negative during the period of investigation;

(ii) subject goods are likely to enter the Indian market at dumped prices from South Africa should the present measures be withdrawn and the likely dumping margin and injury margin in respect of imports from South Africa is significant;

(iii) the injury to the domestic industry is not likely to continue or recur on account of imports of subject goods from Singapore and European Union, if the existing anti-dumping duty is withdrawn;

(iv) even though the domestic industry has improved its performance during the period of investigation, the situation of domestic industry continues to be fragile and should the present anti dumping duties from South Africa be withdrawn, injury to the domestic industry is likely to recur,

and had recommended continuation of anti dumping duty on imports of subject goods from South Africa at the rates specified vide notification number 15/9/2007-DGAD dated the 4^th August, 2008 and Customs notification number 114/2008 dated the 31^st October, 2008 in order to remove injury to the domestic industry and withdrawal of anti dumping duties on subject goods from Singapore and European Union as the injury to the domestic industry is not likely to continue or recur on account of imports of subject goods from Singapore and European Union, if the said anti-dumping duty is removed.

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 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, and in supersession of the notification of the Government of India, in the Ministry of Finance (Department of Revenue),No. 114/2008-Customs, dated the 31^st October, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.758 (E), dated the 31^st October, 2008 except as respects things done or omitted to be done before such supersession, the Central Government, on the basis of the aforesaid findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item or sub-heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4), and produced by the producers as specified in the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), 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 indicated 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.

Table
S. No	Tariff item/Sub-heading	Description of goods	Country of origin	Country of export	Producer	Exporter	Amount	Unit of measu-rement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1.	2707 99 00 or 2907 11	Phenol	South Africa	South Africa	Any	Any	119	MT	US dollar
2.	2707 99 00 or 2907 11	Phenol	South Africa	Any country other than South Africa	Any	Any	119	MT	US dollar
3.	2707 99 00 or 2907 11	Phenol	Any country other than South Africa	South Africa	Any	Any	119	MT	US dollar

2. The anti-dumping duty imposed under this notification shall be levied from the date of publication of this notification in the Official Gazette and valid up to the 30^th October, 2013.

3. The anti-dumping duty imposed under this notification shall be payable in Indian currency.

Explanation. - For the purposes of this notification, rate of exchange applicable for the purposes of 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 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.354/124/2002-TRU (Pt-III)]