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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
NOTIFICATION No. 5/2019-Customs (ADD)
New Delhi, the 24th January, 2019
G.S.R…. (E). - Whereas, the designated authority vide notification No.7/2/2018
DGAD, dated the 26th February, 2018, published in the Gazette of India, Extraordinary, Part
I, Section 1, dated the 26th February, 2018, had initiated the review in term of sub-section (5)
of section 9 A of the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the
Customs Tariff Act), and in pursuance of rule 23 of the Customs Tariff (Identification,
Assessment and Collection of Anti-dumping Duty on Dumped Articles and for
Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on
imports of ‘Metaphenylene Diamine’ (hereinafter referred to as the subject goods) falling
under the tariff item of the First Schedule to the Customs Tariff Act, originating in or
exported from China PR (hereinafter referred to as the subject countries), imposed vide
notification of the Government of India in the Ministry of Finance (Department of Revenue),
No. 11/2014- Customs (ADD), dated the 11th March, 2014 published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 179 (E), dated the 11th March, 2014;
And whereas, the Central Government had extended the period of imposition of antidumping duty on the subject goods, originating in or exported
from the subject countries up
to and inclusive of the 21st March, 2019 vide
notification of the Government of India, in the
Ministry of Finance (Department of Revenue) No. 10/2018-Customs (ADD), dated the 20th March, 2018, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section(i), vide number G.S.R. 247(E), dated the 20th March, 2018;
And whereas, in the matter of review of anti-dumping duty on imports of the subject
goods, originating in or exported from the subject country, the Designated Authority in its
final findings, published vide notification No. F. No.7/2/2018-DGAD, dated the 13th December, 2018 published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 13th December, 2018 has come to the conclusion that:
- imports from China PR continue to command a significant share in the
domestic market;
- there has been continued dumping of the subject goods from China PR and the
dumping is likely to continue and increase if the anti-dumping duty is allowed
to cease;
- even when the performance of the domestic industry improved in respect of
volume parameters, the domestic industry was not able to improve its market
share and was still holding a share much lower than imports. Further, its
performance deteriorated in respect of price parameters to such an extent that
the domestic industry was suffering financial losses, cash losses and negative
return on investment. Growth of the domestic industry is adverse. The
domestic industry has suffered continued injury;
- there is likelihood of continuation of dumping and injury to the domestic
industry.
and has recommended the imposition of definitive anti-dumping duty on the imports of
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, 20 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),
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 at the rate equal to the amount as specified in the corresponding
entry in column (7), in the currency specified in the corresponding entry in column (9) and
per unit of measurement as specified in the corresponding entry in column (8) of the said Table.
Table
| S. No. |
Heading/ Sub heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Amount of duty |
Unit |
Currency |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
| 1 |
29215120
or
29215190 |
Meta Phenylene Diamine’ (MPDA), also known as mPhenylene Diamine,
1,3- diaminobenze ne, 1, 3- Benzenediami ne, mAminoaniline, mBenzenedia
mine, mDiaminobenze ne, 1,3- Phenylenedia mine, 3- Aminoaniline,
mFenylendia min, Phenylenedia mine, and mAminoaline, Phenylenedia mine
meta |
China PR |
Any country including China PR |
Sichuan North Hongguang Special Chemical Co. Ltd. |
716.13 |
MT |
US$ |
| 2 |
29215120
or
29215190 |
-do- |
China PR |
Any country including China PR |
Zhejiang Amino-Chem Co., Ltd |
573.92 |
MT |
US$ |
| 3 |
29215120
or
29215190 |
-do- |
China PR |
Any country including China PR |
Any producer other than at 1and 2 |
1015.44 |
MT |
US$ |
| 4 |
29215120
or
29215190 |
-do- |
Any country including China PR |
China PR |
Any |
1015.44 |
MT |
US$ |
The anti-dumping duty imposed 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 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 Act.
[F. No. 354/26/2013 –TRU (Pt. I)]
(Gunjan Kumar Verma)
Under Secretary to the Government of India
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