GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 43/2014-Customs (ADD)
New Delhi, the 30th September, 2014
G.S.R. (E). – Whereas, in the matter of Phenol (hereinafter referred to as
the subject goods), falling under Chapter 29 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs
Tariff Act), originating in, or exported from Chinese Taipei and the United
States of America (hereinafter referred to as the subject countries), and
imported into India, the designated authority in its preliminary findings
published in the Gazette of India, Extraordinary, Part I, Section 1 vide
notification No. 14/17/2012-DGAD, dated the 5th March, 2014, had come to the
provisional conclusion that –
- the subject goods have been exported to India from the subject countries
below their normal value, thus resulting in the dumping of the product;
- the domestic industry has suffered material injury;
- the material injury to the domestic industry has been caused by the dumped
imports of the subject goods from subject countries,
and had recommended imposition of provisional anti-dumping duty on imports of
the subject goods, originating in or exported from the subject countries and
imported into India;
And whereas, on the basis of the aforesaid preliminary findings of the
designated authority, the Central Government had imposed the provisional
anti-dumping duty on the subject goods, originating in or exported from the
subject countries vide notification of the Government of India, in the Ministry
of Finance (Department of Revenue), No. 23/2014-Customs (ADD), dated the 16th
May, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary vide number G.S.R 344(E), dated the 16th May, 2014;
And whereas, the designated authority in its final findings published in the
Gazette of India, Extraordinary, Part I, Section 1 vide notification No.
14/17/2012-DGAD, dated the 6th August, 2014, has come to the conclusion that-
- the subject goods have been exported to India from the subject countries
below their normal value, thus resulting in the dumping of the product;
- the domestic industry has suffered material injury;
- the material injury to the domestic industry has been caused by the dumped
imports of subject goods from the subject countries,
and has recommended imposition of the definitive anti-dumping duty on the
subject goods, originating in or exported from the subject countries, 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 and 20 of the
Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty
on Dumped Articles and for Determination of Injury) Rules, 1995, and in
supersession of the notification of the Government of India in the Ministry of
Finance (Department of Revenue), No.23/2014-Customs, dated the 16th May, 2014,
published vide number G.S.R 344(E), dated the 16th May, 2014, except as respects
things done or omitted to be done before such supersession, 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), 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 (9)
and as per unit of measurement as specified in the corresponding entry in column
(10) of the said Table, namely:-
Table
Sl. No. |
Tariff item |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Currency |
Unit |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 |
2907
11 10 |
Phenol |
Chinese Taipei |
Chinese Taipei |
Formosa Chemicals & Fibre Corporation |
Formosa Chemicals & Fibre Corporation |
78.97 |
US
Dollar |
MT |
2 |
2907
11 10 |
Phenol |
Chinese Taipei |
Switzerland |
Formosa Chemicals & Fibre Corporation |
Kolmar Group AG |
78.97 |
US
Dollar |
MT |
3 |
2907
11 10 |
Phenol |
Chinese Taipei |
Chinese Taipei |
Taiwan Prosperity Chemical Corporation |
Taiwan Prosperity Chemical Corporation |
47.29 |
US
Dollar |
MT |
4 |
2907
11 10 |
Phenol |
Chinese Taipei |
Switzerland |
Taiwan Prosperity Chemical Corporation |
Kolmar Group AG |
47.29 |
US
Dollar |
MT |
5 |
2907
11 10 |
Phenol |
Chinese Taipei |
Chinese Taipei |
Any
combination other than S.Nos.
1 and 4 |
196.24 |
US
Dollar |
MT |
6 |
2907
11 10 |
Phenol |
Chinese Taipei |
Any
country other than Chinese Taipei and the countries
attracting anti-dumping duties |
Any |
Any |
196.24 |
US
Dollar |
MT |
7 |
2907
11 10 |
Phenol |
Any
country other than Chinese Taipei and the countries
attracting anti-dumping duties |
Chinese Taipei |
Any |
Any |
196.24 |
US
Dollar |
MT |
8 |
2907
11 10 |
Phenol |
United States of America |
United States of America |
Any |
Any |
159.63 |
US
Dollar |
MT |
9 |
2907
11 10 |
Phenol |
United States of America |
Any
country other than United States of America and
the countries attracting anti-dumping duties |
Any |
Any |
159.63 |
US Dollar |
MT |
10 |
2907
11 10 |
Phenol |
Any
country other than United States of America and the
countries attracting anti-dumping duties |
United States of America |
Any |
Any |
159.63 |
US
Dollar |
MT |
2. The anti-dumping duty imposed under this notification shall be levied for a
period of five years (unless revoked, amended or superseded earlier) from the
date of imposition of the provisional anti-dumping duty, that is, the 16th May,
2014, 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.354/64/2014-TRU]
(Akshay Joshi)
Under Secretary to the Government of India