Marginal Cut in Anti-dumping Duty on l-Phenyl-3-Methyl-5-Pyrazolone from China – Final Findings

[Notification No. 26/2021-Customs (ADD) dated 27 April 2021]

Whereas, in the matter of ‘l-Phenyl-3-Methyl-5-Pyrazolone’ (hereinafter referred to as the subject goods), falling under tariff heading 2933 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 (hereinafter referred to as the subject country) and imported into India, the designated authority in its preliminary findings vide notification No. 6/32/2019-DGTR, dated the 13th April, 2020, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th April, 2020, had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from the subject country.

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 9th June, 2020 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 13/2020-Customs (ADD), dated the 9th June, 2020, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 363(E), dated the 9th June, 2020.

And, whereas, the designated authority in its final findings vide notification No.6/32/2019-DGTR, dated the 28th January, 2021, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th January, 2021, while confirming the preliminary findings, dated the 13th April, 2020, has come to the conclusion that-

(i) there is substantial increase in imports of subject goods from the subject country in absolute terms as well as in relation to its production & consumption in India, during the period of investigation as compared to the previous year;

(ii) the product under consideration has been exported to India from the subject country below the normal value;

(iii) the domestic industry has suffered material injury;

(iv) material injury has been caused by the dumped imports of subject goods from the subject country;

and has recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, and imported into India, 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, 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 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 (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), and imported into India, an anti-dumping duty equal to the difference between the amount as specified in the corresponding entry in column (7) and the landed value of the goods, 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 (8), provided that the landed value is less than the amount indicated in column (7) of the said Table, namely:-

Table
S.No.	Tariff heading	Description of goods	Country of origin	Country of export	Producer	Amount	Unit	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
1.	2933	1-phenyl-3- methyl-5- pyrazolone	China PR	China PR	Any	4.89	Kg	USD
2.	2933	1-phenyl-3- methyl-5- pyrazolone	China PR	Any, other than China PR	Any	4.89	Kg	USD
3.	2933	1-phenyl-3- methyl-5- pyrazolone	Any, other than China PR	China PR	Any	4.89	Kg	USD

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 9th June, 2020, 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 9th December, 2020, upto the preceding day of the publication of this notification in the Official Gazette.

Explanation 1.- 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) (hereinafter referred to as the Customs Act), 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.

Explanation 2.- The landed value of imports for the purpose of this notification shall be the assessable value as determined by the customs under the Customs Act and applicable level of custom duties except duties levied under sections 3, 8B, 9, 9A of the Customs Tariff Act.

[F.No. 354/52/2020-TRU]