Another Five Years of Anti-dumping Duty
on Acetone from Thailand and Japan
PTT Phenol Company Thailand and Mitsui
Co. Japan Exempted from Anti-dumping Duty
[Customs Notification No. 36 dated 18th
April 2011]
Whereas in the matter of
imports of Acetone [hereinafter
referred to as the subject goods], falling under sub- heading 2914 11 00 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, Thailand and Japan (hereinafter referred as the subject
countries) and imported into India, the designated authority in its preliminary
findings vide notification No. 14/31/2009-DGAD, dated the 16th February, 2010,
published in the Gazette of India, Extraordinary, Part I, section 1, dated the
16th February, 2010, 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;
(c) the injury had been
caused by the dumped imports from 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 No. 45/2010-Customs, dated the 9th April,
2010, published in the Gazette of India, Extraordinary Part II, Section 3,
sub-section (i), vide number G.S.R. 309(E), dated the 9th April,
2010;
And whereas, the designated
authority, in its final findings vide notification No. 14/31/2009-DGAD dated
the 19th January,2011, published in the Gazette of India,
Extraordinary, Part I, section 1, dated the 19th January,2011, had
come to the conclusion that-
(a) the product under
consideration has been exported to India from the subject countries below its
associated normal value, thus resulting in dumping of the product;
(b) the domestic industry
has suffered material injury in respect of the subject goods;
(c) the material injury
has been caused by dumped imports of the subject goods from the subject countries;
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, 1975 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 definitive anti- dumping duty 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 country specified in the
corresponding entry in column (4), and exported from the country specified in
the corresponding entry in column (5) and produced by the producer specified in
the corresponding entry in column (6) and exported by the exporter specified in
the corresponding entry in column (7), and imported into India, an anti-dumping
duty at the rate equal to the amount indicated 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 |
Sub heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1. |
2914 11 00 |
Acetone |
Thailand |
Thailand |
M/s PTT Phenol Company Limited, Thailand |
M/s PTT Phenol Company Limited, Thailand |
Nil |
MT |
USD |
|
2. |
2914 11 00 |
Acetone |
Thailand |
Thailand |
M/s PTT Phenol Company Limited, Thailand. |
M/s PTT Public Company Ltd. |
Nil |
MT |
USD |
|
3. |
2914 11 00 |
Acetone |
Thailand |
Thailand |
M/s PTT Phenol Company Limited, Thailand. |
Mitsui & Co. Ltd., Japan (MBK) OR Mitsui
& Co. (Asia Pacific) Pte. Ltd., Singapore |
Nil |
MT |
USD |
|
4. |
2914 11 00 |
Acetone |
Thailand |
Thailand |
Any combination other than at Sl.no.1 to3 above. |
85.85 |
MT |
USD |
|
|
5. |
2914 11 00 |
Acetone |
Thailand |
Any other than Singapore, USA,South Africa,
EU,Korea RP, Taiwan and Japan |
Any |
Any |
85.85 |
MT |
USD |
|
6. |
2914 11 00 |
Acetone |
Any other than Singapore,USA,South Africa,
EU,Korea RP, Taiwan and Japan |
Thailand |
Any |
Any |
85.85 |
MT |
USD |
|
7. |
2914 11 00 |
Acetone |
Japan |
Japan |
Mitsui Chemicals Inc. Japan |
Mitsui & Co. Ltd., Japan (MBK) & Mitsui
& Co. (Asia Pacific) Pte. Ltd., Singapore |
Nil |
MT |
USD |
|
8. |
2914 11 00 |
Acetone |
Japan |
Japan |
Any combination other than at Sl.no.7 above. |
94.96 |
MT |
USD |
|
|
9. |
2914 11 00 |
Acetone |
Japan |
Any other than Singapore, USA, South Africa,
EU,KoreaRP Taiwan and Thailand |
Any |
Any |
94.96 |
MT |
USD |
|
10. |
2914 11 00 |
Acetone |
Any other than Singapore, USA, South Africa,
EU,KoreaRP Taiwan and Thailand |
Japan |
Any |
Any |
94.96 |
MT |
USD |
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, the 9th
April, 2010, 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.354/25/2010 –TRU]