GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 23/2014-Customs (ADD)
New Delhi, the 16th May, 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 on account of subject
imports from the subject countries;
- the material injury has been caused by the dumped imports of the subject
goods from subject countries;
and has 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, 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 13 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 preliminary 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 (9) and as per unit of measurement as
specified in the corresponding entry in column (10) of the said Table.
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 |
79.63 |
US Dollar |
MT |
2 |
2907 11
10 |
Phenol |
Chinese
Taipei |
Switzerland |
Formosa Chemicals & Fibre Corporation |
Kolmar Group AG |
79.63 |
US Dollar |
MT |
3 |
2907 11
10 |
Phenol |
Chinese
Taipei |
Chinese
Taipei |
Taiwan Prosperity Chemical Corporation |
Taiwan Prosperity Chemical Corporation |
46.07 |
US Dollar |
MT |
4 |
2907 11
10 |
Phenol |
Chinese
Taipei |
Switzerland |
Taiwan Prosperity Chemical Corporation |
Kolmar Group AG |
46.07 |
US Dollar |
MT |
5 |
2907 11
10 |
Phenol |
Chinese
Taipei |
Chinese
Taipei |
Any
combination other than S.No 1 and 4 |
193.9 |
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 |
193.9 |
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 |
193.9 |
US Dollar |
MT |
8 |
2907 11
10 |
Phenol |
United
States of America |
United
States of America |
Any |
Any |
146.09 |
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 |
146.09 |
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 |
146.09 |
US Dollar |
MT |
2. The anti-dumping duty imposed under this notification shall be levied for
a period not exceeding six months (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, 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