GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.58/2012-Customs (ADD)
New Delhi, the 24th December, 2012
G.S.R. _(E). –WHEREAS in the matter of Phthalic Anhydride (hereinafter referred
to as the subject goods), falling under Chapter 29 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Korea
RP, Taiwan (Chinese Taipei) and Israel (hereinafter referred to as the subject
countries),and imported into India, the designated authority in its final
findings published in the Gazette of India, Extraordinary, Part I, Section
1,vide notification No. 14/1/2011-DGAD, dated the 28th September, 2012, had come
to the conclusion that –
- the subject goods have been exported to India from the subject countries
below its associated normal value, except in the cases wherein the dumping
margin has been found to be negative;
- the domestic industry has suffered material injury in respect of the
subject goods;
- the injury has been caused by the dumped imports of the subject goods from
subject countries.
AND WHEREAS, the designated authority in its aforesaid findings, has recommended
imposition of definitive anti-dumping duty on imports of the subject goods,
originating in or exported from the subject countries 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, 1975 (51 of 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, 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 said Customs Tariff Act as specified in the
corresponding entry in column (2), originating in the country as specified in
the corresponding entry in column (4), and produced by the producer as specified
in the corresponding entry in column (6), when exported from the country as
specified in the corresponding entry in column (5), by the exporter 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 indicated 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.
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 35 00 |
Phthalic Anhydride |
Korea RP |
Korea RP |
M/s Aekyung Petroche mical Co., Ltd |
M/s Humade Corpora tion |
NIL |
MT |
US Dollar |
2. |
2917 35 00 |
Phthalic Anhydride |
Korea RP |
Any other than subject countries |
Any |
Any |
91.12 |
MT |
US Dollar |
3. |
2917 35 00 |
Phthalic
Anhydride |
Any other than subject countries |
Korea RP |
Any |
Any |
91.12 |
MT |
US Dollar |
4. |
2917 35 00 |
Phthalic
Anhydride |
Taiwan |
Taiwan |
Nan Ya Plastics Corpora tion |
Nan Ya Plastics Corpora tion |
63.33 |
MT |
US Dollar |
5. |
2917 35 00 |
Phthalic
Anhydride |
Taiwan |
Any other than subject countries |
Any |
Any |
150.88 |
MT |
US Dollar |
6. |
2917 35 00 |
Phthalic
Anhydride |
Any other than subject countries |
Taiwan |
Any |
Any |
150.88 |
MT |
US Dollar |
7. |
2917 35 00 |
Phthalic Anhydride |
Israel |
Israel |
Gadiv Petroche micals Industries Ltd. |
Gadiv
Petroche micals Industries Ltd. |
17.99 |
MT |
US Dollar |
8. |
2917 35 00 |
Phthalic Anhydride |
Any other than subject countries |
Israel |
Any |
Any |
139.76 |
MT |
US Dollar |
9. |
2917 35 00 |
Phthalic Anhydride |
Israel |
Any other than subject countries |
Any |
Any |
139.76 |
MT |
US Dollar |
- 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 publication of this notification in the Gazette of India and shall be
paid 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, under
section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for
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.354/206/2012 –TRU]
Rajkumar Digvijay
Under Secretary to the Government of India.