GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 23/2015-Customs (ADD)
New Delhi, the 27th May, 2015
G.S.R. (E). – Whereas, in the matter of Purified Terephthalic Acid including
its variants- Medium Quality Terephthalic Acid (MTA) and Quality Terephthalic
Acid (QTA) (hereinafter referred to as the subject goods), falling under tariff item 2917
36 00 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, the People’s Republic of China, European Union, Korea RP and Thailand, 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. 14/7/2013-DGAD, dated the 19th June, 2014, had recommended
imposition of provisional antidumping duty on imports of the subject goods,
originating in, or exported from, the People’s Republic of China, European
Union, Korea RP and Thailand 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 People’s Republic of China,
European Union, Korea RP
and Thailand vide notification of the Government of India, in the Ministry of
Finance (Department
of Revenue), No. 36/2014-Customs (ADD), dated the 25th July, 2014, published in
Part II, Section
3, Sub-section (i) of the Gazette of India, Extraordinary vide number G.S.R
541(E), dated the 25th July, 2014;
And whereas, the designated authority in its final findings published in the
Gazette of India, Extraordinary, Part I, Section 1 vide notification No. 14/7/2013-DGAD,
dated the 7th April, 2015, has come to the conclusion that-
- the volume of imports from the People’s Republic of China and European Union
is
below de minimis level, therefore, imports from the People’s Republic of China
and European Union have been excluded from the purview of the anti-dumping
investigation;
- the investigation is with respect to import of subject goods, originating in
or
exported from Korea RP and Thailand (hereinafter referred as the subject
countries) only;
- the subject goods have been exported to India from the subject countries
below its
normal value thus resulting in the dumping;
- the domestic industry has suffered material injury due to dumping of the
subject
goods from the subject countries;
- the material injury has been caused by the dumped imports 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, 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 (10) and as per unit of measurement as specified in the
corresponding entry in
column (9) of the said Table, namely:-
Table
Sl. No |
Tariff item |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 |
2917 36 00 |
Purified Terephthalic Acid |
Korea RP |
Korea RP |
Samsung General Chemical Co Ltd |
Samsung C&T |
27.32 |
MT |
US Dollar |
2 |
2917 36 00 |
Purified Terephthalic Acid |
Korea RP |
Korea RP |
Taekwang Industrial Co Ltd |
Taekwang Industrial Co Ltd |
23.61 |
MT |
US Dollar |
3 |
2917 36 00 |
Purified Terephthalic Acid |
Korea RP |
Korea RP |
Any combination other than Sl.No 1 and 2 above |
78.28 |
MT |
US Dollar |
4 |
2917 36 00 |
Purified Terephthalic Acid |
Korea RP |
Any country other than those countries subject to anti
-dumping duties |
Any |
Any |
78.28 |
MT |
US Dollar |
5 |
2917 36 00 |
Purified Terephthalic Acid |
Any country other than those countries subject to anti
-dumping duties |
Korea RP |
Any |
Any |
78.28 |
MT |
US Dollar |
6 |
2917 36 00 |
Purified Terephthalic Acid |
Thailand |
Thailand |
Indorama Petrochem Ltd |
Indorama Petrochem Ltd |
45.43 |
MT |
US Dollar |
7 |
2917 36 00 |
Purified Terephthalic Acid |
Thailand |
Thailand |
TPT Petrochemi cals Public Limited |
TPT Petrochemi cals Public Limited |
45.43 |
MT |
US Dollar |
8 |
2917 36 00 |
Purified Terephthalic Acid |
Thailand |
Thailand |
Any combination other than Sl.No 6 and 7 above |
62.55 |
MT |
US Dollar |
9 |
2917 36 00 |
Purified Terephthalic Acid |
Thailand |
Any country other than those countries subject to anti
-dumping duties |
Any |
Any |
62.55 |
MT |
US Dollar |
10 |
2917 36 00 |
Purified Terephthalic Acid |
Any country other than those countries subject to anti - dumping
duties |
Thailand |
Any |
Any |
62.55 |
MT |
US Dollar |
Note: Purified Terephthalic Acid includes its variants- Medium Quality
Terephthalic Acid
(MTA) and Quality Terephthalic Acid (QTA)
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 25th July, 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.354/95/2014-TRU]
(Akshay Joshi)
Under Secretary to the Government of India
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