Anti-dumping Duty on Coumarin from China
Extended for Five More years in Review
[Customs
Notification No. 20 (ADD) dated 27th May 2016]
Whereas,
the designated authority, vide notification No. 15/26/2014-DGAD, dated the
16th March, 2015, 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 Coumarin (hereinafter referred to
as the subject goods) falling under tariff item 2932 20 10 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. 12/2012-Customs (ADD), dated the 8th
February, 2012, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), vide number G.S.R.
77(E), dated the 8th February, 2012;
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 22nd March,
2016 vide notification of the Government of India, in the Ministry of
Finance (Department of Revenue) No. 08/2015-Customs (ADD), dated the 7th April,
2015, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R 266(E),
dated the 7th April, 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.
15/26/2014-DGAD, dated the 2nd March, 2016, in the Gazette of India,
Extraordinary, Part I, Section 1, has come to the conclusion that –
(i)
the subject goods has been exported to
India from the subject country below normal value during the period of
investigation (POI) despite the anti-dumping duty in force;
(ii) during the POI and post POI, although dumping has continued
and dumping margin determined is positive, it has not caused injury to the
domestic industry;
(iii) Chinese
prices to third countries are dumped prices and if the product under
consideration is imported in to India at the said prices, in the event of
revocation of the anti-dumping duty, such imports are likely to cause injury to
the domestic industry.
and
has recommended imposition of definitive anti-dumping duty on imports of the
subject goods, originating in, or exported from subject country and imported
into India, in order to remove injury to the domestic industry;
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 the said tariff item
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 producer as
specified in the corresponding entry in column (6), when exported from the
country as specified in the corresponding entry in column (5), by a exporter as specified in the corresponding entry in
column (7), imported into India, an anti-dumping duty at a rate which is
equivalent to difference between the amount mentioned 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 and the landed value of imported goods
in like currency as per like unit of measurement.
|
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.
|
2932
20 10 |
Coumarin
of all types |
People’s
Republic of China |
People’s
Republic of China |
Any
|
Any
|
14.02
|
Kg.
|
US
Dollar |
|
2.
|
2932
20 10 |
Coumarin
of all types |
Any
country other than People’s Republic of China |
People’s
Republic of China |
Any
|
Any
|
14.02
|
Kg.
|
US
dollar |
|
3.
|
2932
20 10 |
Coumarin
of all types |
People’s
Republic of China |
Any
country other than People’s Republic of China |
Any
|
Any
|
14.02
|
Kg.
|
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,-
(a) “landed value”
means the assessable value as determined under the Customs Act, 1962 (52 of
1962) and includes all duties of customs except duties levied under sections
3,3A, 8B, 9 and 9A of the Customs Tariff Act, 1975;
(b) 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. 354/22/2010-TRU]