Anti-dumping Duty on Phenol from South Africa Raised to
$342.76/MT in Review
[Customs Notification No. 32 (ADD)
dated 10th July 2015]
Whereas, the designated authority, vide notification
No. 15/21/2013-DGAD, dated the 28th October, 2013, 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 Phenol (hereinafter referred
to as the subject goods) falling under tariff item 2707 99 00 or subheading
2907 11 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 South Africa (hereinafter referred to as the subject country), imposed vide
notification of the Government of India, in the Ministry of Finance
(Department of Revenue) No. 10/2013-Customs (ADD), the 3rd May, 2013, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide
number G.S.R. 285(E), dated the 3rd May, 2013;
And whereas, the Central Government had extended the
anti-dumping duty on the subject goods, originating in or exported from the
subject country upto and inclusive of the 30th October, 2014, vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 29/2013-Customs (ADD), dated the 12th November, 2013, published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number
G.S.R 733(E), dated the 12th November, 2013;
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. 15/21/2013-DGAD, dated the 27th April, 2015, in the Gazette of India,
Extraordinary, Part I, Section 1, has come to the conclusion that-
(i) dumping of the subject goods is continuing
from the subject country;
(ii) the domestic industry has suffered material
injury due to cumulative effects of dumped imports from several sources,
including the subject country;
(iii) dumping from the subject country is likely to
continue, if the duties are removed, and consequently the domestic industry is
likely to continue to suffer material injury,
and has recommended imposition of the anti-dumping duty
on the subject goods, originating in or exported from the subject country.
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,
specification of which is specified in column (4), falling under subheading/
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 (5), exported from the countries as specified
in the corresponding entry in column (6), produced by the producers as
specified in the corresponding entry in column (7), exported by the exporters
as specified in the corresponding entry in column (8), imported into India, an
anti-dumping duty at the rate equal to the amount as specified in the
corresponding entry in column (9), in the currency as specified in the
corresponding entry in column (11) and as per unit of measurement as specified
in the corresponding entry in column (10) of the said Table, namely:-
|
Table |
||||||||||
|
SNo. |
Tariff item/ Subheading |
Description of goods |
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1 |
2707 99 00 or 2907 11 |
Phenol |
Bulk and/or Packed |
South Africa |
Any |
Any |
Any |
342.76 |
MT |
US Dollar |
|
2 |
2707 99 00 or 2907 11 |
Phenol |
Bulk and/or Packed |
Any country other than countries attracting
anti-dumping duty |
South Africa |
Any |
Any |
342.76 |
MT |
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, 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. 354/124/2002-TRU (Pt.-III)]