Chang Chun Taipei in New Shipper Review in Acetone Case, Previous Duty of $201.27 per MT Applicable

[Ref: Notification No. 14/2013-Customs (ADD) dated 03 July 2013]

Whereas in the matter of import of Acetone (hereinafter referred to as the subject goods), falling under tariff item 2914 11 00 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, the Chinese Taipei (hereinafter referred to as the subject country) and imported into India, the designated authority vide its final findings, in notification No. 14/04/2006-DGAD, dated 4^th January 2008 published in the Gazette of India, Extraordinary, Part I, Section I, dated the 4^th January, 2008 had recommended imposition of anti-dumping duty on all imports of the subject goods from subject country in order to remove the injury to the domestic industry;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), notification No. 33/2008-Customs, dated the 11^th March, 2008, published in Part II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary, dated the 11^th March, 2008 vide number G.S.R. 174 (E), dated the 11^th March, 2008;

And whereas, M/s Chang Chun Plastics Co. Ltd, Chinese Taipei had requested for review in terms of rule 22 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 respect of exports of the subject goods made by them, and the designated authority, vide new shipper review notification No. 15/30/2010-DGAD dated the 20^th April, 2011 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20^th April 2011, had recommended provisional assessment of all exports of the subject goods made by the above stated party till the completion of the review by it;

And whereas, in exercise of the powers conferred by sub-rule (2) of rule 22 of the said rules, the Central Government, after considering the aforesaid recommendation of the designated authority, vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), notification No. 44/2011-Customs, dated the 27^th May, 2011, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27^th May, 2011 vide number G.S.R. 416 (E), dated the 27^th May, 2011 had ordered that pending the outcome of the said review by the designated authority, the subject goods, when exported by M/s Chang Chun Plastics Co. Ltd, Chinese Taipei and imported into India, shall be subjected to provisional assessment till the review is completed;

And whereas, the designated authority vide notification No. 15/2/2011-DGAD, dated the 15^th April,2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 15^th April,2011, had initiated review in terms of sub-section (5) of section 9A of the said Customs Tariff Act, read with of rule 23 of the said rules, in the matter of continuation of anti-dumping duty on imports of said goods, originating in, or exported from, said country, and had recommended withdrawal of the said anti-dumping duty vide notification No. 15/2/2011-DGAD, dated the 10^th April,2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10^th April,2012;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had withdrawn the antidumping duty on imports of said goods from the said country vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), notification No. 29/2012-Customs (ADD), dated the 29^th May, 2012, published in Part II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary, dated the 27^th May, 2011 vide number G.S.R. 398 (E), dated the 29^th May, 2012;

And whereas, the designated authority in the matter of new shipper review initiated vide notification No. 15/30/2010-DGAD dated the 20^th April, 2011 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20^th April 2011, vide its final findings in notification No. 15/30/2010-DGAD, dated 17^th April, 2013 published in the Gazette of India, Extraordinary, Part I, Section I, dated the 17^th April, 2013 had recommended to impose anti-dumping duty of USD 201.27 per MT on all imports of subject goods, when exported by M/s Chang Chun Plastics Co., Ltd., Chinese Taipei and imported into India during the period from the date of initiation of the new shipper review investigation recommending provisional assessment namely the 20^th April, 2011 to the date of withdrawal of antidumping duty by Department of Revenue vide Notification No.29/2012-Customs (ADD) dated the 29^th May, 2012;

Now, therefore, in exercise of the powers conferred by sub-section (1) read with sub-section (5) of section 9A of the said Customs Tariff Act, read with rules 18, 20 and 22 of the said rules, the Central Government, herby orders that all imports during the period from the date of initiation of the new shipper review investigation recommending provisional assessment namely the 20^th April, 2011 to the date of withdrawal of antidumping duty by Department of Revenue vide Notification No.29/2012-Customs (ADD) dated 29^th May, 2012 of the subject goods exported by M/s Chang Chun Plastics Co. Ltd, Chinese Taipei and subjected to provisional assessment in pursuance of the notification of the Government of India in the Ministry of Finance (Department of Revenue), notification No. 44/2011-Customs, dated the 27^th May, 2011, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27^th May, 2011 vide number G.S.R. 416 (E), dated the 27^th May, 2011 shall be subjected to final assessment on the payment of anti-dumping duty of USD 201.27 per MT.

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 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/ 65/2007-TRU (Pt-1)]