Final Anti-dumping Duty on
PTA from Korea and Thailand
China and EU Removed from
Anti-dumping Net in Final Finding
Duty Raised on Taekwang
Korea to $23.61/MT from $19.05/MT and Indorama Thai to $45.43/MT from $27.49/MT
[Customs
Notification No. 23 (ADD) dated 27th May 2015]
Whereas,
in the matter of Purified Terephthalic Acid including
its variants- Medium Quality Terephthalic Acid (MTA)
and Quality 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) (hereinafter
referred to as the Customs Tariff Act), originating in, or exported from, the
People’s Republic of China, European Union, Korea RP and Thailand, 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 the 19th June, 2014, had recommended imposition of
provisional antidumping duty on imports of the subject goods, originating in,
or exported from, the People’s Republic of China, European Union, Korea RP and
Thailand 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 People’s Republic
of China, European Union, Korea RP and Thailand vide notification of the
Government of India, in the Ministry of Finance (Department of Revenue), No. 36/2014-Customs
(ADD), dated the 25th July, 2014, published in Part II, Section 3, Sub-section
(i) of the Gazette of India, Extraordinary vide number G.S.R 541(E), dated the
25th July, 2014;
And
whereas, the designated authority in its final findings published in the
Gazette of India, Extraordinary, Part I, Section 1 vide notification No.
14/7/2013-DGAD, dated the 7th April, 2015, has come to the conclusion that-
(a) the volume of
imports from the People’s Republic of China and European Union is below de minimis level, therefore, imports from the People’s
Republic of China and European Union have been excluded from the purview of the
anti-dumping investigation;
(b) the investigation is with respect to import of subject
goods, originating in or exported from Korea RP and Thailand (hereinafter
referred as the subject countries) only;
(c) the subject goods have been exported to India from the
subject countries below its normal value thus resulting in the dumping;
(d) the domestic industry has suffered material injury due to
dumping of the subject goods from the subject countries;
(e) the material injury has been caused by the dumped imports
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, 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 (10) and as per unit of measurement as specified
in the corresponding entry in column (9) of the said Table, namely:-
|
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
|
Korea RP |
Korea RP |
Samsung General Chemical Co Ltd |
Samsung C&T |
27.32 |
MT |
US Dollar |
|
2 |
2917 36 00 |
Purified Terephthalic Acid
|
Korea RP |
Korea RP |
Taekwang
Industrial Co Ltd |
Taekwang
Industrial Co Ltd |
23.61 |
MT |
US Dollar |
|
3 |
2917 36 00 |
Purified Terephthalic Acid
|
Korea RP |
Korea RP |
Any combination other than Sl.No
1 and 2 above |
78.28 |
MT |
US Dollar |
|
|
4 |
2917 36 00 |
Purified Terephthalic Acid
|
Korea RP |
Any country other than those countries subject to
anti -dumping duties |
Any |
Any |
78.28 |
MT |
US Dollar |
|
5 |
2917 36 00 |
Purified Terephthalic Acid
|
Any country other than those countries subject to
anti -dumping duties |
Korea RP |
Any |
Any |
78.28 |
MT |
US Dollar |
|
6 |
2917 36 00 |
Purified Terephthalic Acid
|
Thailand |
Thailand |
Indorama Petrochem Ltd |
Indorama Petrochem Ltd |
45.43 |
MT |
US Dollar |
|
7 |
2917 36 00 |
Purified Terephthalic Acid
|
Thailand |
Thailand |
TPT Petrochemicals Public Limited |
TPT Petrochemicals Public Limited |
45.43 |
MT |
US Dollar |
|
8 |
2917 36 00 |
Purified Terephthalic Acid
|
Thailand |
Thailand |
Any combination other than Sl.No
6 and 7 above |
62.55 |
MT |
US Dollar |
|
|
9 |
2917 36 00 |
Purified Terephthalic Acid
|
Thailand |
Any country other than those countries subject to
anti -dumping duties |
Any |
Any |
62.55 |
MT |
US Dollar |
|
10 |
2917 36 00 |
Purified Terephthalic Acid
|
Any country other than those countries subject to
anti -dumping duties |
Thailand |
Any |
Any |
62.55 |
MT |
US Dollar |
Note:
Purified Terephthalic Acid includes its variants-
Medium Quality Terephthalic Acid (MTA) and Quality Terephthalic Acid (QTA)
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 25th July, 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.354/95/2014-TRU]