Anti-dumping Duty Hiked on Dichloromethane from China and Russia in Final Findings
[Customs
Notification No. 21 (ADD) dated 31st May 2016]
Whereas,
in the matter of “Methylene Chloride” also known as “Dichloromethane”
(hereinafter referred to as the subject goods), falling under tariff item 2903
12 00 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 and Russia (hereinafter referred
to as the subject countries), and imported into India, the Designated Authority
in its preliminary findings published in the Gazette of India, Extraordinary,
Part I, Section 1 vide notification No. 14/33/2014-DGAD, dated the 30th
October, 2015, had recommended imposition of provisional anti-dumping duty on
imports of the subject goods, originating in, or exported from the subject
countries and imported into India;
And
whereas, on the basis of the aforesaid preliminary findings of the designated
authority, the Central Government had imposed the provisional anti-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. 58/2015-Customs (ADD), dated the 8th December, 2015, published
in Part II, Section 3, Sub-section (i) of the Gazette
of India, Extraordinary vide number G.S.R 943(E), dated the 8th December, 2015;
And
whereas, the designated authority in its final findings published in the
Gazette of India, Extraordinary, Part I, Section 1 vide notification No.
14/33/2014-DGAD, dated the 30th March, 2016, has come to the conclusion that-
(i) the subject goods
have been exported to India from the subject countries below normal values;
(ii) the domestic industry has suffered material injury on
account of subject imports from the subject countries;
(iii) the material injury has been caused by the dumped imports of
subject goods from the subject countries.
and
has recommended imposition of the definitive anti-dumping duty on the subject
goods, originating in, or exported from, the subject countries, 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 20 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, 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 specified in the corresponding entry in column (2), originating in
the countries specified in the corresponding entry in column (4), exported from
the countries specified in the corresponding entry in column (5), produced by
the producers specified in the corresponding entry in column (6), exported by
the exporters specified in the corresponding entry in column (7), and imported
into India, an anti-dumping duty at the rate equal to the amount specified in
the corresponding entry in column (8), in the currency specified in the
corresponding entry in column (10) and as per unit of measurement 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 export |
Producer
|
Exporter
|
Amount
|
Unit
|
Currency
|
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
|
|
1.
|
2903
12 00 |
Dichloromethane
(Methylene Chloride) |
Peoples
Republic of China |
Peoples
Republic of China |
Shandong
Dongyue Fluo Silicon Materials
Co., Ltd. |
Shandong
Dongyue Fluo Silicon
Materials Co., Ltd. |
143.71
|
MT
|
US
Dollar |
|
|
2.
|
2903
12 00 |
-do- |
Peoples
Republic of China |
Peoples
Republic of China |
Zhejiang
Quhua Flour-Chemistry Co. Ltd |
Zhejiang
Quhua Flour-Chemistry Co. Ltd/Farmasino
Holding (HK) Limited, Hong Kong/Polychem
Corporation, Taiwan/Mercy Group Co., Ltd., Hong Kong |
166.83
|
MT
|
US
Dollar |
|
|
3.
|
2903
12 00 |
-do- |
Peoples
Republic of China |
Peoples
Republic of China |
Shandong
Liaocheng Luxi Sixth Chemical
Fertilizer Co. Ltd. |
Shandong
Liaocheng Luxi Sixth
Chemical Fertilizer Co. Ltd. |
122.14
|
MT
|
US
Dollar |
|
|
4.
|
2903
12 00 |
-do- |
Peoples
Republic of China |
Peoples
Republic of China |
Shandong
Liaocheng Luxi Sixth
Chemical Fertilizer Co. Ltd. |
Lu
Xi Chemical (Hong Kong) Co. Ltd., Hong Kong |
122.14
|
MT
|
US
Dollar |
|
|
5.
|
2903
12 00 |
-do- |
Peoples
Republic of China |
Peoples
Republic of China |
Shandong
Liaocheng Luxi Sixth
Chemical Fertilizer Co. Ltd. |
Lu
Xi Chemical (Hong Kong) Co. Ltd., Hong Kong and Tricon
Energy Ltd., USA/Vinmar International Ltd, USA/ Cosmoss VU Ltd, Hong Kong |
122.14
|
MT
|
US
Dollar |
|
|
6.
|
2903
12 00 |
-do- |
Peoples
Republic of China |
Peoples
Republic of China |
Ningbo
Juhua Chemical & Science Co. Ltd. |
Ningbo
Juhua Chemical & Science Co. Ltd. / HK Montage
International Holding Ltd, Hong Kong/ Farmasino
Holding (HK) Ltd, Hong Kong/ Tricon Dry Chemicals
LLC, USA |
162.16
|
MT
|
US
Dollar |
|
|
7.
|
2903
12 00 |
-do- |
Peoples
Republic of China |
Peoples
Republic of China |
Any
combination other than the combinations specified above |
279.78
|
MT
|
US
Dollar |
||
|
8.
|
2903
12 00 |
-do- |
Peoples
Republic of China |
Any
|
Any
|
Any
|
279.78
|
MT
|
US
Dollar |
|
|
9.
|
2903
12 00 |
-do- |
Any
country other than subject countries |
Peoples
Republic of China |
Any
|
Any
|
279.78
|
MT
|
US
Dollar |
|
|
10.
|
2903
12 |
-do- |
Russia
|
Russia
|
Any
|
Any
|
219.00
|
MT
|
US
Dollar |
|
|
11.
|
2903
12 00 |
-do- |
Russia
|
Any
|
Any
|
Any
|
219.00
|
MT
|
US
Dollar |
|
|
12.
|
2903
12 00 |
-do- |
Any
country other than subject countries |
Russia
|
Any
|
Any
|
219.00
|
MT
|
US
Dollar |
|
2. The
anti-dumping duty imposed under this notification shall be levied for a period
of five years (unless revoked, amended or superseded earlier) from the date of imposition
of the provisional anti-dumping duty, that is, the 8th December, 2015, and
shall be payable in Indian currency.
Explanation.-
For
the purposes of this notification, rate of exchange applicable for 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 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.354/273/2015-TRU]