Provisional
Anti-dumping Duty Imposed on Phenol from USA and Taiwan
[Customs
Notification No. 23 (ADD) dated 16th May 2014]
Whereas, in the
matter of Phenol (hereinafter
referred to as the subject goods), falling under 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 Chinese Taipei and the United States of America (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. 14/17/2012-DGAD dated the 5th March, 2014, had come to the provisional conclusion that –
(a) the subject goods have been
exported to India from the subject countries below their normal value thus
resulting in the dumping of the product;
(b) the domestic industry has
suffered material injury on account of subject imports from the subject
countries;
(c) the material injury has been
caused by the dumped imports of the subject goods from subject countries;
and has 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, 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 13 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 preliminary
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), and exported from the countries as
specified in the corresponding entry in column (5), and produced by the
producers as specified in the corresponding entry in column (6), and 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 (9) and as per unit of measurement as specified
in the corresponding entry in column (10) of the said Table.
Table |
|||||||||
Sl.No. |
Tariff
Item |
Description
of goods |
Country
of origin |
Country
of export |
Producer |
Exporter |
Amount |
Currency
|
Unit |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 |
2907
11 10 |
Phenol |
Chinese
Taipei |
Chinese
Taipei |
Formosa Chemicals & Fibre Corporation |
Formosa Chemicals & Fibre Corporation |
79.63 |
US
Dollar |
MT |
2 |
2907
11 10 |
Phenol |
Chinese
Taipei |
Switzerland |
Formosa Chemicals & Fibre Corporation |
Kolmar Group AG |
79.63 |
US
Dollar |
MT |
3 |
2907
11 10 |
Phenol |
Chinese
Taipei |
Chinese
Taipei |
Taiwan Prosperity Chemical Corporation |
Taiwan Prosperity Chemical Corporation |
46.07 |
US
Dollar |
MT |
4 |
2907
11 10 |
Phenol |
Chinese
Taipei |
Switzerland |
Taiwan Prosperity Chemical Corporation |
Kolmar Group AG |
46.07 |
US
Dollar |
MT |
5 |
2907
11 10 |
Phenol |
Chinese
Taipei |
Chinese
Taipei |
Any
combination other than S.No 1 and 4 |
193.9 |
US
Dollar |
MT |
|
6 |
2907
11 10 |
Phenol |
Chinese
Taipei |
Any
country other than Chinese Taipei and
the countries attracting anti-dumping duties |
Any |
Any
|
193.9 |
US
Dollar |
MT |
7 |
2907
11 10 |
Phenol |
Any
country other than Chinese Taipei and
the countries attracting anti-dumping duties |
Chinese
Taipei |
Any |
Any
|
193.9 |
US
Dollar |
MT |
8 |
2907
11 10 |
Phenol |
United
States of America |
United
States of America |
Any |
Any
|
146.09 |
US
Dollar |
MT |
9 |
2907
11 10 |
Phenol |
United
States of America |
Any
country other than United States of
America and the countries attracting
anti-dumping duties |
Any |
Any
|
146.09 |
US
Dollar |
MT |
10 |
2907
11 10 |
Phenol |
Any
country other than United States of
America and the countries attracting anti-dumping duties |
United
States of America |
Any |
Any
|
146.09 |
US
Dollar |
MT |
2. The anti-dumping duty imposed
under this notification shall be levied for a period not exceeding six months
(unless revoked, amended or superseded earlier) from the date of publication of
this notification in the Gazette of India and shall be paid in Indian currency.
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.354/64/2014-TRU]