Para Cresol from China – Final Findings

Ntfn 146       Whereas in the matter of import of
06.10.2003   Para cresol, falling under tariff item
                     2907 12 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority vide its preliminary findings notification No. 14/29/2002-DGAD dated the 17th January, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17th January, 2003-

And whereas the designated authority, vide its final findings notification No. 14/29/2002-DGAD, dated the 25th August, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th August, 2003, has come to the conclusion that -

(a) Para cresol has been exported to India from the People’s Republic of China below the normal value;

(b) the domestic industry has suffered material injury;

(c) the material injury has been caused by the dumped imports from the People’s Republic of China;

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Para cresol vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 46/2003-Customs, dated the 24th March, 2003 [G.S.R. 232 (E), dated the 24th March, 2003], published in Part II, Section 3, Sub-section (I) of the Gazette of India, Extraordinary, dated the 24th March, 2003;

And whereas the designated authority, vide its final findings notification No. 14/29/2002-DGAD, dated the 25th August, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th August, 2003, has come to the conclusion that-

(a) Para cresol has been exported to India from the People’s Republic of China below the normal value;

(b) the domestic industry has suffered material injury;

(c) the material injury has been caused by the dumped imports from the People’s Republic of China;

and the recommended the imposition of definitive anti-dumping duty on all imports of Para Cresol originating in, or exported from, the People’s Republic of China.

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and 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), the specification of which is specified in the corresponding entry in column (4), originating in the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.

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 i.e. the 24th March 2003, and shall be paid in Indian currency.

Explanation. For the purposes of this notification,-

(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under section 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(b) rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification, issued from time to time, in exercise of the powers conferred by sub-clause (I) of clause (a) of sub-section (3) of section 14 of the said 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.

Table

SNo

Tariff item

Description of goods

Specification

Country of origin

Country of Export

Producer

Exporter

Amount

Unit of measurement

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1.

2907 12 10

Para cresol

Any specification

People’s Republic of China

Any country

Any producer

Any exporter

2220.95

Metric tonne

US Dollar

2.

2907 12 10

Para cresol

Any specification

Any country

People’s Republic of China

Any producer

Any exporter

2220.95

Metric tonne

US Dollar