Metaphenylene Diamine (MPDA) from China – Anti-dumping Duty
Raised in Review
[Customs Notification No. 05(ADD) dated 24 January
2019]
Whereas, the designated authority vide
notification No.7/2/2018 DGAD, dated the 26th February, 2018, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 26th February, 2018, had initiated the
review in term of sub-section (5) of section 9 A of the Customs Tariff Act,
1975 (51 of 1975), (hereinafter referred to as the Customs Tariff Act), and in
pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection
of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995, in the matter of continuation of anti-dumping duty on imports of ‘Metaphenylene Diamine’ (hereinafter referred to as
the subject goods) falling under the tariff item of the First Schedule to the
Customs Tariff Act, originating in or exported from China PR (hereinafter referred to as the subject countries),
imposed vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.
11/2014- Customs (ADD), dated the 11th March,
2014 published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide
number G.S.R. 179 (E), dated the 11th March, 2014;
And whereas, the Central Government had extended the period of
imposition of anti- dumping duty on the subject goods, originating in or
exported from the subject countries up to and inclusive of the 21st March, 2019 vide notification of the Government of India, in the Ministry of
Finance (Department of Revenue) No. 10/2018-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. 247(E), dated the 20th
March, 2018;
And whereas, in the matter of review of anti-dumping duty on imports of
the subject goods, originating in or exported from the subject country, the
Designated Authority in its final findings, published vide notification No. F. No.7/2/2018-DGAD,
dated the 13th December, 2018 published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th
December, 2018 has come to the
conclusion that:
(i) imports from China
PR continue to command a significant share in the domestic market;
(ii) there has been continued dumping of the subject goods from
China PR and the dumping is likely to continue and increase if the anti-dumping
duty is allowed to cease;
(iii) even when the performance of the domestic industry improved
in respect of volume parameters, the domestic industry was not able to improve
its market share and was still holding a share much lower than imports.
Further, its performance deteriorated in respect of price parameters to such an
extent that the domestic industry was suffering financial losses, cash losses
and negative return on investment. Growth of the domestic industry is adverse. The
domestic industry has suffered continued injury;
(iv) there is likelihood of continuation of dumping and injury to
the domestic industry.
and has
recommended the imposition of definitive anti-dumping duty on the imports of
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, 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, 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), and imported into India, an
anti-dumping duty at the rate equal to the amount as specified in the
corresponding entry in column (7), in the currency specified in the
corresponding entry in column (9) and per unit of measurement as specified in
the corresponding entry in column (8) of the said Table.
|
Table |
||||||||
|
S. No. |
Heading/ Sub heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Amount of duty |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
|
1. |
29215120 or 29215190 |
Meta Phenylene
Diamine’ (MPDA), also known as m- Phenylene
Diamine, 1,3- diaminobenze ne, 1, 3- Benzenediami ne, m- Aminoaniline,
mBenzenedia mine, m- Diaminobenze
ne, 1,3- Phenylenedia mine, 3- Aminoaniline,
mFenylendia min, Phenylenedia
mine, and m- Aminoaline, Phenylenedia
mine meta. |
China PR |
Any country including China PR |
Sichuan North Hongguang Special Chemical Co. Ltd. |
716.13 |
MT |
US$ |
|
2. |
29215120 or 29215190 |
-do- |
China PR |
Any country including China PR |
Zhejiang Amino-Chem Co., Ltd |
573.92 |
MT |
US$ |
|
3. |
29215120 or 29215190 |
-do- |
China PR |
Any country including China PR |
Any producer other than at
1and 2 |
1015.44 |
MT |
US$ |
|
4. |
29215120 or 29215190 |
-do- |
Any Country other than China
PR |
China PR |
Any |
1015.44 |
MT |
US$ |
2. The anti-dumping duty imposed
shall be effective for a period of five years (unless revoked, superseded or
amended earlier) from the date of publication of this notification in the
Official Gazette 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 Act.
[F. No. 354/26/2013 –TRU (Pt. I)]