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Anti-Dumping Duty: Pure Terephthalic Acid (PTA) export originating from
Japan, Malaysia, Spain and Taiwan
WHEREAS in the matter of import of Pure Terephthalic Acid (PTA),
falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975), originating in, or exported from, Japan, Malaysia, Spain and
Taiwan, the designated authority vide its final findings, published in the
Gazette of India, Extraordinary, Part 1, Section 1, dated the 20th
April, 2000 had come to the conclusion that -
(a)
There has been no import of Pure Terephthalic Acid (PTA) from Taiwan
during the period of investigation, i.e. 1st April, 1998 to 31st
December, 1998;
(b)
Pure Terephthalic Acid (PTA) originating in, or exported from Japan,
Malaysia and Spain has been exported below normal value resulting in dumping;
(c)
the Indian Industry has suffered material injury;
(d)
however, the casual link between the product and injury has not been
established in the case of the known exporters from the subject countries except
in the case of M/s. Interquisa, Spain;
AND WHEREAS on the basis of the aforesaid final findings of the
designated authority, the Central Government has imposed an anti-dumping duty
vide notification of the Government of India, in the Ministry of Finance
(Department of Revenue), No. 82/2000-Customs, dated the 30th May 2000
[G.S.R. 504 (E), dated the 30th May, 2000] published in Part ll,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 30th
May, 2000;
AND WHEREAS the customs, Excise and Gold (Control) Appellate
Tribunal (hereinafter referred to as the Tribunal), in its Final Order No.
44-45/2000-AD, dated the 29th November, 2000 has ordered
modifications in the anti-dumping duty imposed vide aforesaid Notification No.
82/2000-Customs dated the 30th May, 2000;
AND WHEREAS the designated authority has accepted above order of
the Tribunal dated the 29th November 2000;
Now, therefore, in exercise of the powers conferred by sub-section
(1) of section 9A of the said Customs Tariff Act, read with rules 18 and 20 of
Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty
on Dumped Articles and for Determination of Injury) Rules 1995, and in
supersession of the notification of the Government of India in the Ministry of
Finance (Department of Revenue) No. 82/2000-Customs, dated the 30th
May, 2000 [G.S.R. 504 (E) dated the 30th May, 2000], the Central
Government hereby imposes on Pure Terephthalic Acid (PTA), falling under Chapter
29 of the First Schedule to the said Customs Tariff Act, originating in, or
exported from countries specified in column (2) of the Table below, exported by exporters or producers specified in the
corresponding entry in column (3) of the said Table and imported in India, and
anti-dumping duty at the rate specified in column (4) of the said Table.
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Sl. No.
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Country
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Exporter/ Producer
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Amount of duty (US$ per metric tonne)
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(1)
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(2)
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(3)
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(4)
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1.
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Spain
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(a)
M/s. Interquisa
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19.90
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(b)
All others
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19.90
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2.
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Japan
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(a)
M/s Mitsui Chemicals
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7.11
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(b)
M/s Mitsubishi Corporation
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Nil
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(c)
All others
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7.11
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2. The anti-dumping
duty shall be paid in Indian currency.
Explanation: For the purposes of this
notification, the 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 under sub-clause (i) of
clause (a) of sub-section (3) of section 14 of the said 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.
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