USA Out of Morpholine Anti-dumping Net in Mid Term Review, China and
EU Continue on Hit List
[Customs
Notification No. 18 (ADD) dated 18th May 2015]
Whereas, in the
matter of Morpholine (hereinafter referred to as the
subject goods) falling under tariff item 2933 39 17 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, European Union and the United States of America (hereinafter referred to
as the subject countries), and imported into India, the designated authority, vide
notification No. 14/4/2010-DGAD, dated the 5th December, 2011, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 5th December,
2011, had recommended imposition of definitive anti-dumping duty on the subject
goods, originating in or exported from the subject countries;
And, whereas, on
the basis of the aforesaid findings of the designated authority, the Central
Government has imposed definitive ant-dumping duty on the subject goods ,
originating in or exported from the subject countries, vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 10/2012-Customs (ADD), dated the 24th January, 2012, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 43(E), dated the 24th January, 2012;
And whereas, in
the matter of mid- term review of anti-dumping duty on import of the subject
goods, originating in or exported from the subject countries, the designated
authority inits final findings, published vide
notification No. 15/5/2013-DGAD, dated the 19th February, 2015, in Gazette of
India, Extraordinary, Part I, Section 1, has come to the conclusion that-
(i) in spite of the
anti-dumping duty in force, the dumping of subject goods continued from the
People’s Republic of China, injuring the domestic industry;
(ii) although during the period
of investigation, dumping effect from European Union was negative, during post-
period of investigation, dumping from European Union recurred, causing injury
to the domestic industry;
(iii) imports of subject goods
from the United States of America have no dumping or injury effect on the
domestic industry;
(iv) while, dumping of subject goods having injurious
effect on the domestic industry continued from the People’s Republic of China,
the dumping from European Union is likely to recur in the event of revocation
of the duties;
(v) there is a likelihood of continuation or recurrence
of dumping of the subject goods, originating in or exported from the subject
countries except the United States of America, and consequent injury to the
domestic industry, in the event of revocation of the anti-dumping duties,
and has recommended
continued imposition of the anti-dumping duty on the subject goods, originating
in or exported from the subject countries except the United States of
America, with some modifications.
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, and in supersession of
the notification of the Government of India, in the Ministry of Finance
(Department of Revenue) No. 10/2012-Customs (ADD), dated the 24th January,
2012, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R. 43(E), dated the 24th January,
2012, except as respects things done or omitted to be done before such
supersession, 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 |
|||||||||
|
Sl. No. |
Tariff item |
Description of goods |
Country of origin |
Country of exports |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1 |
2933 39 17 |
Morpholine |
People’s Republic of China |
People’s Republic of China |
M/s AnhuiHaoyuanChemical
Group Co. Ltd |
M/s AnhuiHaoyuanChemical
Group Co. Ltd |
0.29 |
Kg |
US Dollar |
|
2 |
2933 39 17 |
Morpholine |
People’s Republic of China |
People’s Republic of China |
Any other than combination at Sl. No.1 |
0.63 |
Kg |
US Dollar |
|
|
3 |
2933 39 17 |
Morpholine |
Any country other than the People’s Republic of China
and European Union |
People’s Republic of China |
Any |
Any |
0.63 |
Kg |
US Dollar |
|
4 |
2933 39 17 |
Morpholine |
People’s Republic of China |
Any country other than the People’s Republic of China and
European Union |
Any |
Any |
0.63 |
Kg |
US Dollar |
|
5 |
2933 39 17 |
Morpholine |
European Union |
European Union |
Any |
Any |
0.68 |
Kg |
US Dollar |
|
6. |
2933 39 17 |
Morpholine |
Any country other than the People’s Republic of China and
European Union |
European Union |
Any |
Any |
0.68 |
Kg |
US Dollar |
|
7. |
2933 39 17 |
Morpholine |
European Union |
Any country other than the People’s Republic of China
and European Union |
Any |
Any |
0.68 |
Kg |
US Dollar |
2. The anti-dumping duty imposed under this
notification shall remain in force up to and inclusive of the 19th day
of September, 2016 (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 Customs
Act.
[F.No. 354/239/2011-TRU (Pt.-I)]