Rubber Chemicals PX13 (from EU) and MOR (from
China) – Anti-dumping Duty Slashed in Review
[Ref: Notification
No. 54/2017-Customs (ADD)
dated 17 November 2017]
Seeks to impose anti-dumping duty on
rubber chemical PX 13 originating in and exported from EU and rubber chemical
MOR originating in and exported from China PR.
G.S.R.-(E). -Whereas, the designated
authority vide initiation notification
No. 15/5/2016-DGAD, dated the
8th July, 2016, published in the
Gazette
of India, Extraordinary,
Part I, Section 1, dated the 8th July, 2016, had initiated review in terms of sub-section (5) of
section 9A of the Customs Tariff Act, 1975 (51
of 1975) (hereinafter referred to as the said 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 (hereinafter referred to as the said rules), in the matter of continuation
of antidumping duty on imports
of,-
a) PX-13 and TDQ originating in and exported from the European Union and MOR originating in and exported from the Peoples Republic of China imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.67/2011-Customs (ADD) dated the 28th July, 2011, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section
(i), vide
number G.S.R. 582(E), dated
the 28th July, 2011];
and
b) MBTS originating in and exported from the Peoples Republic of China, imposed vide
notification of the Government of India, in the Ministry of Finance (Department of
Revenue) No.98/2011-Customs (ADD) dated the 20th
October, 2011, published in the Gazette of India,
Extraordinary, Part II, Section
3, Sub-section
(i), vide
number G.S.R. 775(E), dated
the 20th October, 2011,
and had recommended for extension of anti-dumping duty, in terms of sub-section (5) of section 9A of
the said Customs Tariff Act.
And whereas, the
central Government vide notification No. 35/2016- Customs (ADD)
dated the 26th July, 2016 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 727(E), dated the 26th
July, 2016 had extended the anti- dumping duty
upto 27th July, 2017, and vide notification No. 40/2016- Customs (ADD) dated the 8th
August, 2016 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section
(i), vide
number G.S.R. 774(E),
dated the 8th August, 2016
had
extended the anti-
dumping duty upto 19th October, 2017.
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.15/05/2016-DGAD, dated the 2nd September, 2017 published in the Gazette
of India, Extraordinary, Part I,
Section 1, dated
the 2nd September,
2017 has come to the conclusion
that:
(i) Rubber Chemical PX-13: There was continued dumping of PX-13 from European
Union, causing injury
to
the domestic industry. Imports were undercutting and
underselling the prices of the domestic
industry. Cessation of antidumping duty was likely
to lead to continuation and recurrence of dumping and injury
to the domestic industry.
(ii) Rubber Chemical TDQ: There was no continued dumping or injury to the domestic
industry. Cessation
of antidumping duty was not likely to lead to continuation and recurrence of
dumping and
injury to the domestic
industry.
(iii) Rubber Chemical MOR: There was continued dumping of MOR from China PR.
Imports were
significantly undercutting and underselling
the prices of the domestic
industry. Cessation of antidumping duty was likely
to lead to continuation and recurrence of dumping and
injury to the domestic
industry.
(iv) Rubber Chemical
MBTS:
There was no continued
dumping or injury to
the domestic industry. Cessation of antidumping duty was not likely
to lead to continuation and
recurrence of dumping and injury to
the
domestic industry;
and, has recommended the imposition of definitive anti-dumping duty on the imports of Rubber Chemical PX 13 originating
in or exported from the European Union; and Rubber Chemical MOR
origination in or exported from the Peoples Republic
of China and imported into India,
in order to remove injury to the domestic
industry;
Now, therefore,
in exercise of the
powers conferred by sub-section
(1) and sub-section
(5) of section 9A of
the Customs Tariff Act, and rules 18 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 sunset review final findings of the designated authority, hereby
impose 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 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 per unit of measurement as
specified in the corresponding entry in column (9) of the said
Table:-
|
Table |
|||||||||
|
S. No. |
Heading/ Sub-
heading |
Description of goods |
Countr y of Origin |
Country
of Exports |
Producer |
Exporter |
Duty Amount |
Unit |
Curren cy |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1. |
381210, 381220, 381230,
293420, 292520 |
Rubber Chemical PX 13 |
EU |
EU |
Solutia
Europe SPRL/BVB A,
Belgium |
Solutia
Europe SPRL/BV BA, Belgium |
427.03 |
Per MT |
US$ |
|
2. |
-do- |
Rubber Chemical PX 13 |
EU |
EU |
Any other that the combination of producer &
exporter at 1 above |
897.01 |
Per MT |
US$ |
|
|
3. |
-do- |
Rubber Chemical PX 13 |
EU |
Any other than EU |
Any |
Any |
897.01 |
Per MT |
US$ |
|
4. |
-do- |
Rubber Chemical PX 13 |
Any other than EU |
EU |
Any |
Any |
897.01 |
Per MT |
US$ |
|
5. |
-do- |
Rubber Chemical MOR |
China PR |
China
PR |
Any |
Any |
213.82 |
Per MT |
US$ |
|
6. |
-do- |
Rubber Chemical MOR |
China PR |
Any other than China PR |
Any |
Any |
213.82 |
Per MT |
US$ |
|
7. |
-do- |
Rubber Chemical MOR |
Any other than China PR |
China
PR |
Any |
Any |
213.82 |
Per 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. 354/123/2005-TRU (Pt-I)