Customs Notification No. 47 dated 24^th March 2003

WHEREAS in the matter of import of Phenol, falling under tariff item 2707 60 00 or sub-heading 2907 11 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, South Africa, Singapore and European Union, the designated authority vide its preliminary findings notification No. 14/4/2002-DGAD dated the 24^th June 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24^th June 2002, had determined that: -

(a)    Phenol had been exported to India from South Africa, Singapore and European Union below its normal value;

(b)    the Indian industry had suffered material injury;

(c)    the injury had been caused by the dumped imports from South Africa, Singapore and European Union;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Phenol vide notification of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), No. 79/ 2002 - Customs dated the 13^th August 2002, [G.S.R. 557 (E), dated the 13^th August 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 13^th August 2002;

AND WHEREAS the designated authority, vide its final findings notification No. 14/4/2002-DGAD dated the 13^th February 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13^th February 2003, has determined that -

(a)    Phenol has been exported to India from South Africa, Singapore and European Union below its normal value;

(b)    the Indian industry has suffered material injury;

(c)    the injury has been caused by the dumped imports from South Africa, Singapore and European Union;

and has recommended the imposition of definitive anti-dumping duty on all imports of the said Phenol, originating in, or exported from, South Africa, Singapore and European Union;

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and 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, on the basis of the aforesaid final findings of the designated authority, hereby imposes on all imports of Phenol, falling under tariff item 2707 60 00 or sub-heading 2907 11 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country or territory specified in column (2) of the Table given below, when exported by producers/exporters specified in column (3) of the said Table, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (4) of the said Table and the landed value, in US$ per metric tonne, of such imported Phenol.

Table

2.     `The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 13^th August 2002, and shall be paid in Indian currency.