GOVERNMENT OF INDIA MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 26/2021-Customs (ADD)
New Delhi, the 27th April, 2021
G.S.R.---(E).- – Whereas, in the matter of
‘l-Phenyl-3-Methyl-5-Pyrazolone’ (hereinafter referred to as the subject goods),
falling under tariff heading 2933 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 (hereinafter
referred to as the subject country) and imported into India, the designated
authority in its preliminary findings vide notification No. 6/32/2019-DGTR,
dated the 13th April, 2020, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 13th April, 2020, had recommended imposition of
provisional anti-dumping duty on the imports of 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 provisional anti-dumping duty on the subject
goods with effect from 9th June, 2020 vide notification of the Government of
India in the Ministry of Finance (Department of Revenue), No. 13/2020-Customs
(ADD), dated the 9th June, 2020, published in the Gazette of India
Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 363(E),
dated the 9th June, 2020.
And, whereas, the designated authority in its final
findings vide notification No. 6/32/2019-DGTR, dated the 28th January, 2021,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 28th January, 2021, while confirming the preliminary findings, dated the
13th April, 2020, has come to the conclusion that-
(i) there is substantial
increase in imports of subject goods from the subject country in absolute
terms as well as in relation to its production & consumption in India, during
the period of investigation as compared to the previous year; (ii) the
product under consideration has been exported to India from the subject country
below the normal value; (iii) the domestic industry has suffered material
injury; (iv) material injury has been caused by the dumped imports of subject
goods from the subject country;
and has recommended imposition of
definitive anti-dumping duty on imports of the subject goods, originating in
or exported from the subject country, and imported into India, 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 the tariff heading 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), and imported into India, an anti-dumping duty equal to
the difference between the amount as specified in the corresponding entry in
column (7) and the landed value of the goods, 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 (8), provided that the landed
value is less than the amount indicated in column (7) of the said Table,
namely:-
Table
S. No. |
Tariff heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Amount |
Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
1. |
2933 |
1-phenyl-3- methyl-5- pyrazolone |
China PR |
China PR |
Any |
4.89 |
Kg |
USD |
2. |
2933 |
1-phenyl-3- methyl-5- pyrazolone |
China PR |
Any, other than China PR |
Any |
4.89 |
Kg |
USD |
3. |
2933 |
1-phenyl-3- methyl-5- pyrazolone |
Any, other than China PR |
China PR |
Any |
4.89 |
Kg |
USD |
2. The anti-dumping duty imposed under this
notification 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 June, 2020, and shall be payable in Indian
currency:
Provided that the said anti-dumping duty shall not be levied for
the period commencing from the date of the lapse of the provisional
anti-dumping duty, that is, the 9th December, 2020, upto the preceding day of
the publication of this notification in the Official Gazette.
Explanation
1.- For the purposes of this notification, rate of exchange applicable for the
purpose 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)
(hereinafter referred to as the Customs Act), 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.
Explanation 2.-
The landed value of imports for the purpose of this notification shall be the
assessable value as determined by the customs under the Customs Act and
applicable level of custom duties except duties levied under sections 3, 8B,
9, 9A of the Customs Tariff Act.
[F.No. 354/52/2020-TRU]
(Rajeev Ranjan)
Under Secretary to the Government of India
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