Final Anti-dumping Duty on Phenol from USA and Taiwan,
Provisional Rates Maintained with Minor Variation
[Customs Notification No. 43 (ADD) dated 30th
September 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;
(c) the material injury to the
domestic industry has been caused by the dumped imports of the subject goods
from subject countries,
and had 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;
And whereas, on the basis of the aforesaid preliminary
findings of the designated authority, the
Central Government had imposed the provisional anti-dumping duty on the subject
goods, originating in or exported from the subject countries vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue),
No. 23/2014-Customs (ADD), dated the 16th May, 2014,
published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary vide number G.S.R
344(E), dated the 16th May, 2014;
And whereas, the designated authority in its final findings published in
the Gazette of India, Extraordinary, Part I, Section 1 vide notification No. 14/17/2012-DGAD, dated the 6th August, 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 of the product;
(b) the domestic industry has
suffered material injury;
(c) the material injury to the
domestic industry has been caused by the dumped imports of subject goods from
the subject countries,
and has
recommended imposition of the definitive anti-dumping duty on the subject
goods, originating in or exported from the subject countries, 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 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, and in supersession of the
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No.23/2014-Customs, dated the 16th May, 2014, published vide
number G.S.R 344(E), dated the 16th May, 2014, except as respects things done
or omitted to be done before such supersession, 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 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 (9) and as per unit of
measurement as specified in the corresponding entry in column (10) of the said
Table, namely:-
|
Table |
|||||||||
|
SNo. |
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 |
78.97 |
US
Dollar |
MT |
|
2 |
2907
11 10 |
Phenol |
Chinese
Taipei |
Switzerland |
Formosa Chemicals & Fibre Corporation |
Kolmar Group AG |
78.97 |
US
Dollar |
MT |
|
3 |
2907
11 10 |
Phenol |
Chinese
Taipei |
Chinese
Taipei |
Taiwan Prosperity Chemical Corporation |
Taiwan Prosperity Chemical Corporation |
47.29 |
US
Dollar |
MT |
|
4 |
2907
11 10 |
Phenol |
Chinese
Taipei |
Switzerland |
Taiwan Prosperity Chemical Corporation |
Kolmar Group AG |
47.29 |
US
Dollar |
MT |
|
5 |
2907
11 10 |
Phenol |
Chinese
Taipei |
Chinese
Taipei |
Any
combination other than S.Nos. 1 and 4 |
196.24 |
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
|
196.24 |
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
|
196.24 |
US
Dollar |
MT |
|
8 |
2907
11 10 |
Phenol |
United
States of America |
United
States of America |
Any |
Any
|
159.63 |
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
|
159.63 |
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
|
159.63 |
US
Dollar |
MT |
2. The anti-dumping duty imposed
under this notification shall be levied for a period of
five years (unless revoked, amended or superseded earlier) from the date of
imposition of the provisional anti-dumping duty, that is, the 16th
May, 2014, and shall be payable 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]