Anti-dumping Duty on Morpholine from China, EU
and USA – Final Findings
[Customs Notification No. 10 (ADD)
dated 24th January 2012]
Whereas, in the matter of import of Morpholine (hereinafter referred to as the subject goods),
falling under tariff item 29333917of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act),
originating in, or exported from, China PR, European Union and the United
States of America (hereinafter referred to as the subject countries) and
imported into India, the designated authority vide its preliminary findings No.
14/41/2010-DGAD dated the 9th August, 2011, published in the Gazette
of India, Extraordinary, Part I, Section 1, dated the 9th August,
2011, 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 in respect of the subject goods;
(c) the material injury to the domestic
industry had been caused by the dumped imports of the subject goods from the
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.91/2011–Customs, dated the 20th September, 2011,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R. 699(E), dated the 20th
September, 2011;
And whereas, the designated authority
in its final findings vide notification No.14/41/2010 -DGAD, dated the 5th
December, 2011, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 5th December, 2011, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 5th December,
2011, 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 in respect of the subject goods;
(c) the material injury to the domestic
industry had been caused by the dumped imports of the subject goods 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-section (1) of section 9A of the said 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, on the basis of
the aforesaid 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 sub-heading of the First Schedule to the said 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), and exported
from the countries as specified in the corresponding entry in column (5), and
produced by the producers as specified in the corresponding entry in column
(6), and 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 |
|||||||||
|
Sl.
No |
Tariff
item |
Description
of goods |
Country
of origin |
Country
of exports |
Producer |
Exporter |
Amount |
Unit
of measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1 |
29333917 |
Morpholine |
China
PR |
China
PR |
M/s
AnhuiHaoyuanChemical Group Co. Ltd |
M/s
AnhuiHaoyuanChemical Group Co. Ltd |
0.29 |
Kg |
US
dollar |
|
2 |
29333917 |
Morpholine |
China
PR |
China
PR |
Any
other than combination at Sr. No.1 |
0.63 |
Kg |
US
dollar |
|
|
3 |
29333917 |
Morpholine |
Any
country other than the subject countries |
China
PR |
Any |
Any |
0.63 |
Kg |
US
dollar |
|
4 |
29333917 |
Morpholine |
China
PR |
Any
country other than the subject countries |
Any |
Any |
0.63 |
Kg |
US
dollar |
|
5 |
29333917 |
Morpholine |
European
Union |
European
Union |
M/s
BASF SE |
M/s
BASF SE |
0.35 |
Kg |
US
dollar |
|
6 |
29333917 |
Morpholine |
European
Union |
European
Union |
Any
other than combination at Sr. No.5 |
0.68 |
Kg |
US
dollar |
|
|
7. |
29333917 |
Morpholine |
Any
country other than the subject countries |
European
Union |
Any |
Any |
0.68 |
Kg |
US
dollar |
|
8. |
29333917 |
Morpholine |
European
Union |
Any
country other than the subject countries |
Any |
Any |
0.68 |
Kg |
US
dollar |
|
9. |
29333917 |
Morpholine |
USA |
USA |
M/s
Huntsman Petrochemical Corporation |
M/s
Huntsman Petrochemical Corporation |
0.50 |
Kg |
US
dollar |
|
10. |
29333917 |
Morpholine |
USA |
USA |
Any
other than combination at Sr. No.9 |
0.81 |
Kg |
US
dollar |
|
|
11. |
29333917 |
Morpholine |
USA |
Any
country other than the subject countries |
Any |
Any |
0.81 |
Kg |
US
dollar |
|
12. |
29333917 |
Morpholine |
Any
country other than the subject countries |
USA |
Any |
Any |
0.81 |
Kg |
US
dollar |
2. The
anti-dumping duty imposed shall be levied for a period of five years (unless
revoked, superseded or amended earlier) from the date of imposition of the
provisional anti-dumping duty, that is, 20th September, 2011
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.354/239/2011-TRU]