Kuitun Jinjiang Chemical Industries Lose in New Shipper Review in Melamine Case – Duty in 2016 Notification to Apply with Retrospective Effect

[Notification No. 11/2018-Customs (ADD) dated 20 March 2018]

Seeks to order for provisional assessment in the matter of initiation of New Shipper Review under Rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping duty on dumped articles and for determination of injury) Rules, 1995, for determination of individual dumping margin for exports by M/s. Kuitun Jinjiang Chemical Industries Co. Ltd (Producer) through Foshan Kaisino Building Material Co. Ltd. (Exporter) in the case of anti-dumping duty imposed on imports of Melamine originating in or exported from China PR.

Whereas, in the matter of import of ‘Melamine’ (hereinafter referred to as the subject goods), falling under tariff item 2933 61 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from China PR (hereinafter referred to as the subject country), the designated authority, vide its final findings in the second sunset review notification No.15/17/2014-DGAD, dated the 5^th December, 2015, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5^th December, 2015, had come to the conclusion that –

(i) there is continued dumping of the subject goods from the subject country;

(ii) (ii) these dumped imports continue to cause injury to the domestic industry;

(iii) in the event of revocation or cessation of anti-dumping duties, dumping of subject goods from subject country and injury to domestic market is likely to continue or intensify,

and had recommended continued imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported from, the subject country.

And Whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods, vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), No.2/2016- Customs (ADD), dated the 28^th January, 2016, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), vide number G.S.R. 122 (E) dated the 28^th January, 2016;

And Whereas, M/s. Kuitun Jinjiang Chemical Industries Co. Ltd. (producer) through Foshan Kaisino Building Material Co. Ltd. (exporter) have requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in respect of exports of the subject goods made by them, and the designated authority, vide new shipper review notification No.7/11/2017-DGAD, dated 1^st January, 2018, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1^st January, 2018, has recommended provisional assessment of all exports of the subject goods made by the above stated party till the completion of the review by it;

Now therefore, in exercise of the powers conferred by sub-rule (2) of rule 22 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 recommendation of the designated authority, hereby orders that pending the outcome of the said review by the designated authority, the subject goods, when originating in or exported from the subject country by M/s. M/s. Kuitun Jinjiang Chemical Industries Co. Ltd. (producer) through Foshan Kaisino Building Material Co. Ltd. (exporter) and imported into India, shall be subjected to provisional assessment till the review is completed.

2. The provisional assessment may be subject to such security or guarantee as the proper officer of customs deems fit for payment of the deficiency, if any, in case a definitive antidumping duty is imposed retrospectively, on completion of investigation by the designated authority.

3. In case of recommendation of anti-dumping duty after completion of the said review by the designated authority, the importer shall be liable to pay the amount of such anti-dumping duty recommended on review and imposed on all imports of subject goods when originating in or exported from the subject country by M/s. Kuitun Jinjiang Chemical Industries Co. Ltd. (producer) through Foshan Kaisino Building Material Co. Ltd. (exporter) and imported into India, from the date of initiation of the said review.

[F.No.354/319/2011-TRU (Pt.-II)]