New Shipper's Review cases on Melamine from China

·      US $319.04 per MT Dumping Duty Imposed on Foshan Kaisino Building Material Co and US$331.10on Kuitun Jinjiang Chemical Industry per MT

[Notification No. 34 /2019-Customs (ADD) dated 6 September 2019]

Seeks to amend notification No. 2/2016-Customs (ADD), dated 28.1.2016, in pursuance of New Shipper Review final findings issued by DGTR

G.S.R. (E).- Whereas, in the matter of import of ‘Melamine’ (hereinafter referred to as the subject goods) falling under Tariff items 2933 61 00 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 People’s Republic of China (hereinafter referred to as subject country) and imported into India, the designated authority, in its final findings published in the Gazette of India, Extraordinary, Part I, Section 1 vide notification No. 15/17/2014-DGAD, dated the 5th December, 2015, had come to the conclusion that-

(i)  there is continued dumping of the subject goods from the subject country;

(ii) these dumped imports continue to cause injury to the domestic industry;

(iii) in the event of revocation or cessation of anti-dumping duties, dumping of subject goods from subject country and injury to domestic market is likely to continue or intensify,

and had 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;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 2/2016-Customs (ADD), dated the 28th  January, 2016, published, in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 122(E), dated the 28th  January, 2016;

And whereas, M/s. Kuitun Jinjiang Chemical Industry Co. Ltd (Producer) and M/s Foshan Kaisino Building Material Co. Ltd (exporter), had requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in respect of exports of the subject goods made by them, and the designated authority, vide new shipper review notification No. 7/11/2017- DGAD, dated 1st  January, 2018, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st  January, 2018, had recommended provisional assessment of all exports of the subject goods made by the above mentioned parties till the completion of the review by it, which was notified vide enabling Customs notification No. 11/2018-Customs (ADD), dated the 20th  March, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 248(E), dated the 20th  March, 2018;

And whereas, the designated authority, vide its final findings notification No. 7/11/2017- DGAD, dated the 19th  June, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th  June, 2019, has come to the conclusion that: -

(i)  the quantity of export by the producer was quite reasonable to reference this sales to the exporter i.e M/s Foshan Kaisino Building Material Co. Ltd (exporter) to evaluate the ex- factory price of export destined to India;

(ii) the producer has dumped the subject goods during the Period of Investigation; and

(iii) the extent of dumping margin 30-35% (as referred in para 30 of the final findings) is awarded to the producer i.e M/s Kuitun Jinjiang Chemical Industry Co. Ltd (Producer) as the Anti-dumping duty.

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, 20 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 hereby makes the following amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 2/2016-Customs (ADD), dated the 28th  January, 2016, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 122(E), dated the 28th  January, 2016 , namely:-

In the said notification,

(i)   in the Table, after Serial number 3 and the entries relating thereto, the following serial numbers and entries shall be added, namely: -

“4.

2933 61 00

Melamine

People’s Republic of China

China PR

M/s. Kuitun Jinjiang Chemical Industry Co. Ltd.

M/s Foshan Kaisino Building Material Co. Ltd.

319.04

MT

US$

5.

2933 61 00

Melamine

People’s Republic of China

China PR

M/s. Kuitun Jinjiang Chemical Industry Co. Ltd.

Any other than M/s Foshan Kaisino Building Material Co. Ltd.

331.10

MT

US$

6.

2933 61 00

Melamine

People’s Republic of China

Any country other than China PR

M/s. Kuitun Jinjiang Chemical Industry Co. Ltd.

Any

331.10

MT

US$”;

(ii)  after the Table and the entries relating thereto, the following Explanation shall be inserted, namely:

“Explanation- For the purposes of this notification, all the provisional assessments made under notification No. 11/2018-Customs (ADD), dated the 20th  March, 2018, shall be finally assessed under the entries specified in the above Table.”

[F. No. 354/319/2011-TRU(Pt-III)]