Phenol from USA, Korea and Taiwan – Final Findings

Ntfn 30         Whereas in the matter of import of
03.03.2008   phenol (hereinafter referred to as
                     the subject goods), falling under tariff item 2707 99 00 or 2907 11 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the United States of America, Korea RP and Taiwan (hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No. 14/5/2006-DGAD dated the 29th August, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th August, 2007, had come to the conclusion that –

(a) the subject goods had been exported to India from the subject countries below its normal value;

(b) the domestic industry had suffered material injury;

(c) the injury had been caused by the dumped imports from subject countries ;

and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in or exported from the subject countries;

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 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 105/2007-CUSTOMS, dated the 19th September, 2007, published in the Gazette of India vide number G.S.R. 605(E), dated the 19th September, 2007;

And whereas, the designated authority in its final findings vide notification No.14/5/2006 -DGAD, dated the 7th January, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th January, 2008, has come to the conclusion that-

a)  the subject goods have entered the Indian market from the subject countries at prices less than their values in the domestic markets of the exporting countries, resulting in dumping of the product in the Indian market;

b)  the dumping margins of the subject goods imported from the subject countries are substantial and above de minimis;

c)  the domestic industry has suffered material injury;

d)  the injury has been caused to the domestic industry, both in terms of volume and price effect by the dumped imports of the subject goods, originating in, or exported from, the subject countries;

and has recommended the imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from, the subject countries;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), 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, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the 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 specified in the corresponding entry in column (4), and exported from the country specified in the corresponding entry in column (5) and produced by the producer specified in the corresponding entry in column (6) and exported by the exporter specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9) of the said Table

Table

S. No

Tariff item

Description of goods

Country of origin

Country of export

Producer

Exporter

Duty amount

Unit of measure

Currency

1

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

1

2707 99 00 or 2907 11 10

Phenol

United States of America

Any

Any

Any

181

MT

USD

2

2707 99 00 or 2907 11 10

Phenol

Any country other than Korea RP and Taiwan

United States of America

Any

Any

181

MT

USD

3

2707 99 00 or 2907 11 10

Phenol

Taiwan

Any

Any

Any

137

MT

USD

4

2707 99 00 or 2907 11 10

Phenol

Any country other than United States of America and Korea RP

Taiwan

Any

Any

137

MT

USD

5

2707 99 00 or 2907 11 10

Phenol

Korea RP

Any

Any

Any

196

MT

USD

6

2707 99 00 or 2907 11 10

Phenol

Any country other than Taiwan and United States of America

Korea RP

Any

Any

196

MT

USD

[SNo. 6 Amended by 135/24.12.2008]

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, that is, the 19th September, 2007, 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 , 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.354/137/2007 –TRU]