Rubber Chemicals from China and Korea – Anti-dumping
Duty to Continue for Five Years
Korea Returns to the Dumping Net
[Customs Notification No. 35(ADD) dated 24th
July 2014]
Whereas, the designated authority, vide
notification No. 15/1/2013-DGAD dated 30th April, 2013,
published in Gazette of India, Extraordinary, Part I, Section 1, had initiated
a review in the matter of continuation of anti-dumping duty on imports of Rubber
Chemicals, namely, MBT, CBS, TDQ, PVI, TMT and PX-13(6PPD) originating in or
exported from the People’s Republic of China and PX-13(6PPD) originating in or
exported from Korea RP falling under Chapter 29 or 38
of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter
referred to as the Customs Tariff Act), imposed vide notification of the Government of India, in the Ministry of
Finance (Department of Revenue), No. 133/2008-Customs, dated the 12th December, 2008,
published in the Gazette of India, Extraordinary Part II, Section 3, Sub-section
(i) vide number G.S.R. 853 (E), dated the 12th December, 2008 and vide
notification of the Government of India, in the Ministry of Finance (Department
of Revenue), No. 92/2011-Customs, dated the 20th September, 2011,
published in the Gazette of India, Extraordinary Part II, Section 3,
Sub-section (i) vide number G.S.R. 700 (E), dated the 20th
September, 2011;
And whereas, the Central Government had extended the
anti-dumping duty on Rubber Chemicals, namely, MBT, CBS, TDQ, PVI, TMT and
PX-13(6PPD) originating in or exported
from the People’s Republic of China and PX-13(6PPD) originating in or exported
from Korea RP upto and inclusive of the 4th May, 2014, vide notification of
the Government of India, in the Ministry of Finance (Department of Revenue),
No. 16/2013-Customs (ADD), dated the 5th
July, 2013, published in the Gazette of India,
Extraordinary Part II, Section 3, Sub-section (i) vide number G.S.R 465 (E), dated the 5th July, 2013 and vide notification of the Government
of India, in the Ministry of Finance (Department of Revenue), No. 17/2013-Customs
(ADD), dated the 5th July, 2013, published in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-section (i) vide
number G.S.R 466 (E), dated the 5th July, 2013
respectively;
And whereas, in the matter of review of anti-dumping
duty on import of the above mentioned rubber chemicals (hereinafter referred to
as the subject goods), originating in or exported from the People’s Republic of
China and Korea RP (hereinafter referred to as the
subject countries), the designated authority in its final findings, vide
notification No. 15/1/2013-DGAD, dated 29th April, 2014, published in the Gazette of India, Extraordinary, Part I,
Section 1, has come to the conclusion that-
(i) the dumped imports of subject
goods from the subject countries are causing injury to the domestic
industry;
(ii) there is likelihood of dumping and injury
to the domestic industry if the existing duties on the subject goods being
imported from the subject countries are allowed to expire
and has
recommended continuation of the imposition of anti-dumping duty on the subject
goods, originating in or exported from 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 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-1 below, specification of which is specified in column (4),
falling under the heading 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), and 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-1, namely:-
|
Table-1 |
||||||||||
|
Sl.No. |
Tariff
Item |
Description
of goods |
Specifications |
Country
of origin |
Country
of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1 |
2902,
2907, 2909, 2917, 2921, 2925, 2930, 2933, 2934, 2935, 2942, 3811, 3812, 3815 |
Rubber
chemical PX - 13 |
S. No.1 of
Table-2. |
People’s
Republic of China |
People’s
Republic of China |
Shandong
Sinorgchem Technology Co. Ltd. |
Jiangsu
Sinorgchem Technology Co. Ltd. |
1.55 |
Kilogram |
US
Dollar |
|
2 |
-do- |
As
above |
S.No.1 of
Table-2. |
People’s
Republic of China |
People’s
Republic of China |
Sinorgchem
Co. Tai’an |
Jiangsu
Sinorgchem Technology Co. Ltd. |
1.55 |
Kilogram |
US
Dollar |
|
3 |
-do- |
As
above |
S. No.1 of
Table-2. |
People’s
Republic of China |
People’s
Republic of China |
Any
combination of Producer and Exporter other than at S. No.1and 2. |
1.84 |
Kilogram |
US
Dollar |
|
|
4 |
-do- |
As
above |
S No.1 of
Table-2. |
People’s
Republic of China |
Any
Country |
Any
other than above. |
Any
other than above. |
1.84 |
Kilogram |
US
Dollar |
|
5 |
-do- |
As
above |
S. No.1 of
Table-2. |
Any
Country other than Korea RP |
People’s
Republic of China |
Any
other than above. |
Any
other than above. |
1.84 |
Kilogram |
US
Dollar |
|
6 |
-do- |
As
above |
S. No.1 of
Table-2. |
Korea
RP |
Korea
RP |
Kumho
Petrochemicals Co Ltd. |
Kumho
Petrochemicals Co Ltd. |
1.33 |
Kilogram |
US
Dollar |
|
7 |
-do- |
As
above |
S. No.1 of
Table-2. |
Korea
RP |
Korea
RP |
Kumho
Petrochemicals Co Ltd. |
Daewoo
International Corporation |
1.33 |
Kilogram |
US
Dollar |
|
8 |
-do- |
As
above |
S. No.1 of
Table-2. |
Korea
RP |
Korea
RP |
Any
combination of Producer and Exporter other than at S. No.6 and 7. |
1.63 |
Kilogram |
US
Dollar |
|
|
9 |
-do- |
As
above |
S. No.1 of
Table-2. |
Korea
RP |
Any
Country |
Any
other than above. |
Any
other than above. |
1.63 |
Kilogram |
US
Dollar |
|
10 |
-do- |
As
above |
S No.1 of
Table-2. |
Any
Country other than People’s Republic
of China |
Korea
RP |
Any
other than above. |
Any
other than above. |
1.63 |
Kilogram |
US
Dollar |
|
11 |
-do- |
Rubber
chemical MBT |
S. No.2 of
Table-2. |
People’s
Republic of China |
People’s
Republic of China |
Any |
Any |
0.70 |
Kilogram |
US
Dollar |
|
12 |
-do- |
As
above |
S. No.2 of
Table-2 . |
Any
Country |
People’s
Republic of China |
Any |
Any |
0.70 |
Kilogram |
US
Dollar |
|
13 |
-do- |
As
above |
S. No.2 of
Table-2 . |
People’s
Republic of China |
Any
Country |
Any |
Any |
0.70 |
Kilogram |
US
Dollar |
|
14 |
-do- |
Rubber
chemical TDQ |
S. No.3 of
Table-2 . |
People’s
Republic of China |
People’s
Republic of China |
Any |
Any |
0.55 |
Kilogram |
US
Dollar |
|
15 |
-do- |
As
above |
S. No.3 of
Table-2. |
Any
Country |
People’s
Republic of China |
Any |
Any |
0.55 |
Kilogram |
US
Dollar |
|
16 |
-do- |
As
above |
S. No.3 of
Table-2. |
People’s
Republic of China |
Any
Country |
Any |
Any |
0.55 |
Kilogram |
US
Dollar |
|
17 |
-do- |
Rubber
chemical TMT |
S. No.4 of
Table-2. |
People’s
Republic of China |
People’s
Republic of China |
Any |
Any |
0.62 |
Kilogram |
US
Dollar |
|
18 |
-do- |
As
above |
S. No.4 of
Table-2. |
Any
Country |
People’s
Republic of China |
Any |
Any |
0.62 |
Kilogram |
US
Dollar |
|
19 |
-do- |
As
above |
S. No.4 of
Table-2. |
People’s
Republic of China |
Any
Country |
Any |
Any |
0.62 |
Kilogram |
US
Dollar |
|
20 |
-do- |
Rubber
chemical CBS |
S. No.5 of
Table-2. |
People’s
Republic of China |
People’s
Republic of China |
Any |
Any |
0.85 |
Kilogram |
US
Dollar |
|
21 |
-do- |
As
above |
S. No.5 of
Table-2 . |
Any
Country |
People’s
Republic of China |
Any |
Any |
0.85 |
Kilogram |
US
Dollar |
|
22 |
-do- |
As
above |
S. No.5 of
Table-2. |
People’s
Republic of China |
Any
Country |
Any |
Any |
0.85 |
Kilogram |
US
Dollar |
|
23 |
-do- |
Rubber
chemical PVI |
S. No.6 of
Table-2. |
People’s
Republic of China |
People’s
Republic of China |
Any |
Any |
1.24 |
Kilogram |
US
Dollar |
|
24 |
-do- |
As
above |
S. No.6 of
Table-2. |
Any
Country |
People’s
Republic of China |
Any |
Any |
1.24 |
Kilogram |
US
Dollar |
|
25 |
-do- |
As
above |
S. No.6 of
Table-2. |
People’s
Republic of China |
Any
Country |
Any |
Any |
1.24 |
Kilogram |
US
Dollar |
Note:
The specifications indicated in the Table-2 below shall be applicable for the
specifications referred to in column (4) of Table-1.
|
Table-2 |
||
|
S. No. |
Generic Name |
Chemical
Description/Other trade name/brand names |
|
1 |
PX-13(6PPD) |
N- (1, 3-dimethyl
butyl)-N’ Phenyl – p –phenylenediamine, or 6C , or Pilflex 13, Antooxide 4020, Kumanox 13, Vulcanox 4020 |
|
2 |
MBT |
2-Mercapto Benzothiazole, or Accelerator M, Accelerator MBT |
|
3 |
TDQ/TMQ |
Polymerized 2,2, 4-Trimethyl-1,2-dihydroquinoline,
or TDQ or Antioxidant RD |
|
4 |
TMT |
Tetramethylthiuram Disulfude, or Accelerator TMTD, Thiuram C |
|
5 |
CBS |
N-cyclohexyl-2-benzothiazole
sulphenamide, or Accelerator CZ. Accelerator HBS, CBS
|
|
6 |
PVI |
N-(Cyclohexylthio)pthalimide, or
Anti Scorch Agent CTP , PVI |
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.354/32/2008-TRU
(Pt.-II)]