Prelim Anti-dumping Duty on PTA from China, EU, Korea and Thai Notified on Reliance Complaint; Samsung, Taekwang and Indorama Affected

[Customs Notification No. 36 (ADD) dated 25^th July 2014]

WHEREAS in the matter of ‘Purified Terephthalic Acid’ (PTA) including its variants - Medium Quality Terephthalic Acid (MTA) and Qualified Terephthalic Acid (QTA) (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), originating in, or exported from the People’s Republic of China, European Union, Korea RP and Thailand (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. 14/7/2013-DGAD dated 19th June, 2014, has come to the conclusion that –

(a) the subject goods have been exported to India from the subject countries below their normal value thus resulting in the dumping ;

(b) the domestic industry has suffered material injury due to dumping of the subject goods from the subject countries;

AND WHEREAS, the designated authority in its aforesaid findings, has recommended imposition of provisional anti-dumping duty on 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-section (2) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), 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 said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4), and produced by the producer as specified in the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by the exporter 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 indicated 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

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	2917 36 00	Purified Terephthalic Acid.	People’s Republic of China	People’s Republic of China	Any	Any	62.82	Metric Tonnes	United States Dollar
2	2917 36 00	Purified Terephthalic Acid.	People’s Republic of China	Any country other than those subject to anti -dumping duty.	Any	Any	62.82	Metric Tonnes	United States Dollar
3	2917 36 00	Purified Terephthalic Acid.	Any country other than those subject to anti -dumping duty.	People’s Republic of China	Any	Any	62.82	Metric Tonnes	United States Dollar
4	2917 36 00	Purified Terephthalic Acid.	Korea RP	Korea RP	Samsung General Chemical Co Ltd	Samsung C&T	29.86	Metric Tonnes	United States Dollar
5	2917 36 00	Purified Terephthalic Acid.	Korea RP	Korea RP	Taekwang Industrial Co Ltd	Taekwang Industrial Co Ltd	19.05	Metric Tonnes	United States Dollar
6	2917 36 00	Purified Terephthalic Acid.	Korea RP	Korea RP	Any combination other than Sl.No 4 and 5 above		117.09	Metric Tonnes	United States Dollar
7	2917 36 00	Purified Terephthalic Acid.	Korea RP	Any country other than those subject to anti -dumping duty.	Any	Any	117.09	Metric Tonnes	United States Dollar
8	2917 36 00	Purified Terephthalic Acid.	Any country other than those subject to anti -dumping duty.	Korea RP	Any	Any	117.09	Metric Tonnes	United States Dollar
9	2917 36 00	Purified Terephthalic Acid.	Thailand	Thailand	Indorama Petrochem Ltd	Indorama Petrochem Ltd	27.49	Metric Tonnes	United States Dollar
10	2917 36 00	Purified Terephthalic Acid.	Thailand	Thailand	TPT Petrochemicals Public Limited	TPT Petrochemicals Public Limited	27.49	Metric Tonnes	United States Dollar
11	2917 36 00	Purified Terephthalic Acid.	Thailand	Thailand	Any combination other than Sl.No 9 and 10 above		99.51	Metric Tonnes	United States Dollar
12	2917 36 00	Purified Terephthalic Acid.	Thailand	Any country other than those subject to anti -dumping duty.	Any	Any	99.51	Metric Tonnes	United States Dollar
13	2917 36 00	Purified Terephthalic Acid.	Any country other than those subject to anti -dumping duty.	Thailand	Any	Any	99.51	Metric Tonnes	United States Dollar
14	2917 36 00	Purified Terephthalic Acid.	European Union	European Union	Any	Any	23.75	Metric Tonnes	United States Dollar
15	2917 36 00	Purified Terephthalic Acid.	Any country other than those subject to anti -dumping duty.	European Union	Any	Any	23.75	Metric Tonnes	United States Dollar
16	2917 36 00	Purified Terephthalic Acid.	European Union	Any country other than those subject to anti -dumping duty.	Any	Any	23.75	Metric Tonnes	United States Dollar

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, under section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for 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.354/95/2014 –TRU]