PTA from China, Iran, Indonesia, Malaysia and Taiwan –
Marginal Hike in Final Findings of Anti-dumping Authority
[Customs Notification No. 28 (ADD)
dated 5th July 2016]
Whereas, in the matter of “Purified Terephthalic Acid” including its variants “Medium Quality Terephthalic Acid” and “Qualified Terephthalic
Acid” (hereinafter referred to as the subject goods), falling under tariff item
2917 36 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, Iran, Indonesia, Malaysia and
Taiwan (hereinafter referred to as the subject countries) and imported into
India, the designated authority in its preliminary findings vide notification
No. 14/8/2015-DGAD, dated the 12th November, 2015, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 12th November,
2015, had recommended imposition of provisional anti-dumping duty on the
imports of 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 had
imposed provisional anti-dumping duty on the subject goods with effect from 10th
December, 2015 vide notification of the Government of India in the
Ministry of Finance (Department of Revenue), No.60/2015-Customs (ADD), dated
the 10th December, 2015, published in the Gazette of India Extraordinary, Part
II, Section 3, Sub-section (i) vide number
G.S.R. 952 (E), dated the 10th December, 2015;
And, whereas, the designated authority
in its final findings vide notification No.14/8/2015-DGAD, dated the 9th
June, 2016, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 9th June, 2016, while confirming the preliminary findings dated
the 12th November, 2015, has come to the conclusion that-
(i) the subject goods
have been exported to India from subject countries below its normal value,
resulting in dumping;
(ii) the domestic industry has suffered material injury due to
dumping of the subject goods from the subject countries;
(iii) material injury has been caused by the dumped imports of
subject goods from the subject countries,
and
has recommended the imposition of definitive anti-dumping duty on imports of
the subject goods originating in, or exported from the subject countries;
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 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 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 |
||||||||||
S. No. |
Tariff Item |
Description of goods |
Country of Origin |
Country of Export |
Producer |
Exporter |
Amount |
Unit of measure- ment |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1. |
2917 36 00 |
Purified Terephthalic Acid |
People’s Republic of China |
People’s Republic of China |
BP Zhuhai Chemical Company Ltd., China PR |
BP Asia Ltd., Hong Kong |
95.70 |
Metric Tonne |
US$ |
|
2. |
2917 36 00 |
Purified Terephthalic Acid |
People’s Republic of China |
People’s Republic of China |
Any combination other than S. No.1 above |
97.60 |
Metric Tonne |
US$ |
||
3. |
2917 36 00 |
Purified Terephthalic Acid |
People’s Republic of China |
Any country other than those subject to antidumping duty |
Any |
Any |
97.60 |
Metric Tonne |
US$ |
|
4. |
2917 36 00 |
Purified Terephthalic Acid |
Any country other than those subject to antidumping duty |
People’s Republic of China |
Any |
Any |
97.60 |
Metric Tonne |
US$ |
|
5. |
2917 36 00 |
Purified Terephthalic Acid |
Indonesia |
Indonesia |
PT BP Petrochemicals, Indonesia |
BP Asia Ltd., Hong Kong |
83.08 |
Metric Tonne |
US$ |
|
6. |
2917 36 00 |
Purified Terephthalic Acid |
Indonesia |
Indonesia |
Any combination other than S. No.5 above |
168.76 |
Metric Tonne |
US$ |
||
7. |
2917 36 00 |
Purified Terephthalic Acid |
Indonesia |
Any country other than those subject to antidumping duty |
Any |
Any |
168.76 |
Metric Tonne |
US$ |
|
8. |
2917 36 00 |
Purified Terephthalic Acid |
Any country other than those subject to anti- dumping duty |
Indonesia |
Any |
Any |
168.76 |
Metric Tonne |
US$ |
|
9. |
2917 36 00 |
Purified Terephthalic Acid |
Taiwan |
Taiwan |
China American Petrochemical Co. Ltd., Taiwan |
BP Asia Ltd., Hong Kong |
136.72 |
Metric Tonne |
US$ |
|
10. |
2917 36 00 |
Purified Terephthalic Acid |
Taiwan |
Taiwan |
Formosa Chemicals & Fibre Corporation, Taiwan |
Formosa Chemical & Fibre Corporation Taiwan, Dinowic
Pte Ltd., Singapore Methyl Co. Ltd., Taiwan, ltochu
Corporation Japan |
85.87 |
Metric Tonne |
US$ |
|
11. |
2917 36 00 |
Purified Terephthalic Acid |
Taiwan |
Taiwan |
Any combination other than S. No.9 and 10 above |
153.60 |
Metric Tonne |
US$ |
||
12. |
2917 36 00 |
Purified Terephthalic Acid |
Taiwan |
Any country other than those subject to antidumping duty |
Any |
Any |
153.60 |
Metric Tonne |
US$ |
|
13. |
2917 36 00 |
Purified Terephthalic Acid |
Any country other than those subject to antidumping duty |
Taiwan |
Any |
Any |
153.60 |
Metric Tonne |
US$ |
|
14. |
2917 36 00 |
Purified Terephthalic Acid |
Iran |
Iran |
Any |
Any |
102.86 |
Metric Tonne |
US$ |
|
15. |
2917 36 00 |
Purified Terephthalic Acid |
Iran |
Any country other than those subject to anti-dumping duty |
Any |
Any |
102.86 |
Metric Tonne |
US$ |
|
16. |
2917 36 00 |
Purified Terephthalic Acid |
Any country other than those subject to anti-dumping duty |
Iran |
Any |
Any |
102.86 |
Metric Tonne |
US$ |
|
17. |
2917 36 00 |
Purified Terephthalic Acid |
Malaysia |
Malaysia |
Any |
Any |
98.48 |
Metric Tonne |
US$ |
|
18. |
2917 36 00 |
Purified Terephthalic Acid |
Malaysia |
Any country other than those subject to anti-dumping duty |
Any |
Any |
98.48 |
Metric Tonne |
US$ |
|
19. |
2917 36 00 |
Purified Terephthalic Acid |
Any country other than those subject to anti-dumping duty |
Malaysia |
Any |
Any |
98.48 |
Metric Tonne |
US$ |
|
2. The
anti-dumping duty imposed under this notification shall be levied for a period
of five years (unless revoked, superseded or amended earlier) from the date of imposition
of the provisional anti-dumping duty, that is, the 10th December, 2015, and
shall be payable in Indian currency:
Provided that the said anti-dumping
duty shall not be levied for the period commencing from the date of the lapse
of the provisional anti-dumping duty, that is, the 10th June, 2016 upto the preceding day of the publication of this
notification in the Official Gazette.
Explanation.- For
the purposes of this notification, rate of exchange applicable for the purpose
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.354/285/2015-TRU (Pt.-I)]