GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 05/2014-Customs (ADD)
New Delhi, the 16th January, 2014
G.S.R. (E). – Whereas, the designated authority, vide notification No.
15/1007/2012-DGAD, dated the 9th August, 2012, published in Part I, Section I of
the Gazette of India, Extraordinary had initiated a review in the matter of
continuation of anti-dumping duty on imports of Nonyl Phenol (hereinafter
referred to as the subject goods) falling under Tariff item 2907 13 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, Chinese
Taipei (hereinafter referred to as the subject country), imposed vide
notification of the Government of India, in the Ministry of Finance (Department
of Revenue),
No. 94/2007 dated the 22nd August, 2007 published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R.
No. 562 (E), dated the 22nd August, 2007.
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in or exported from the subject country upto and
inclusive of the 21st August, 2013 vide notification of the Government of India,
in the Ministry of Finance (Department of Revenue), No. 39/2012 –Customs (ADD)
dated the 24th August, 2012, published in Part II, Section 3, Sub-section (i) of
the Gazette of India, Extraordinary, vide G.S.R No. 650 (E), dated the 24th
August, 2012.
And whereas, in the matter of review of anti-dumping duty on import of the
subject goods, originating in or exported from the subject country, the
designated authority vide its final findings, No. 15/1007/2012-DGAD dated the
8th November, 2013, published in Part I, Section 1, of the Gazette of India,
Extraordinary, has come to the conclusion that,-
- The subject goods from subject country are entering the Indian market at
dumped prices;
- The subject goods continue to be exported to India at dumped prices despite
the existing anti dumping duties and there is a likelihood of its continuation
should the existing antidumping duties are allowed to cease;
- The injury to the domestic industry is likely to continue in the event of
withdrawal of anti dumping duty from the subject countries;
- The situation of domestic industry continues to be fragile and therefore
should the present anti dumping duties from the subject country be withdrawn,
injury to the domestic industry is likely to recur; and
- The anti dumping duties are required to be extended and modified,and has recommended continued imposition of the anti-dumping duty on the subject
goods, originating in or exported from the subject country.
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 23 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), and exported from the countries as specified in the
corresponding entry in column (5), and produced by the producers as specified in
the corresponding entry in column (6), and 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 the 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 of measurement |
Currency |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
| 1 |
2907 13 00 |
Nonyl Phenol |
Chinese Taipei |
Chinese Taipei |
M/s China Man-made Fibre Corporation |
M/s China Man-made Fibre Corporation |
163.62 |
MT |
US Dollar |
| 2 |
2907 13 00 |
Nonyl Phenol |
Chinese Taipei |
Chinese Taipei |
M/s Formosan Union Chemical Corporation |
M/s Formosan Union Chemical Corporation |
207.18 |
MT |
US Dollar |
| 3 |
2907 13 00 |
Nonyl Phenol |
Chinese Taipei |
Chinese Taipei |
Any combination of producer / exporter (other than in Sl. No. 1 and 2 above) |
364.48 |
MT |
US Dollar |
| 4 |
2907 13 00 |
Nonyl Phenol |
Chinese Taipei |
Any country other than Chinese Taipei |
Any |
Any |
364.48 |
MT |
US Dollar |
| 5 |
2907 13 00 |
Nonyl Phenol |
Any Anycountry other than Chinese Taipei |
Chinese Taipei |
Any |
Any |
364.48 |
MT |
US Dollar |
2. The anti-dumping duty imposed under this notification shall be effective for
a period of five years (unless revoked, superseded or amended earlier) from the
date of publication of this notification in the Official Gazette.
3. The anti-dumping duty imposed under this notification 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, 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.354/117 /2007-TRU]
(Akshay Joshi)
Under Secretary to the Government of India