GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
NOTIFICATION No.120 /2010-Customs
New Delhi, the 1st December, 2010
G.S.R. (E). - Whereas in the matter of imports of Phenol [hereinafter
referred to as the subject goods], falling under sub heading 29071110 or 27079900 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in, or exported from, Thailand and Japan (hereinafter referred as
the subject countries) and imported into India, the designated authority in its
preliminary findings vide notification No.14/27/2009-DGAD, dated the 3rd
February, 2010, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 3rd February, 2010, had come to the conclusion that –
- the subject goods had been exported to India from the subject countries
below its normal value;
- the domestic industry had suffered material injury;
- the injury had been caused by the dumped imports from subject countries;
and had recommended imposition of provisional anti-dumping duty on the
imports of subject goods, originating in, or exported from, the subject
countries;
And whereas, on the basis of the aforesaid findings of the designated
authority, the Central Government had imposed provisional anti-dumping duty on
the subject goods vide notification
No. 53/2010-Customs, dated the 19th April,
2010, published in the Gazette of India, Extraordinary Part II, Section 3,
Sub-section (i), vide number G.S.R. 335(E), dated the 19th April,2010;
And Whereas, the designated authority, in its final findings vide
notification No. 14/27/2009-DGAD dated the 8th October, 2010, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 8th October, 2010,
had come to the conclusion that various parameters have established positive
dumping margin as well as material injury to the domestic industry caused by
such dumped imports of Phenol originating in, or exported, from Thailand and
Japan and imported into India;
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, 1975 read
with 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
findings of the designated authority, hereby imposes on the goods, the
description of which is specified in column (3) of the Table below, falling
under subheading the First Schedule to the said Customs Tariff Act as specified
in the corresponding entry in column (2),originating in the country specified in
the corresponding entry in column (4), and exported from the country specified
in the corresponding entry in column (5) and produced by the producer specified
in the corresponding entry in column (6) and exported by the exporter specified
in the corresponding entry in column (7), and imported into India, an
anti-dumping duty at the rate equal to the amount indicated in the corresponding
entry in column (8), in the currency as specified in the corresponding entry in
column (10) and per unit of measurement as specified in the corresponding entry
in column (9) of the said Table.
Table
Sl.No |
Sub-heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Duty amount |
Unit of measurement |
Currency |
(1) |
(2). |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1. |
29071110 or 27079900 |
PHENOL |
Thailand |
Thailand |
M/s PTT Phenol Company Limited, Thailand |
M/s PTT Phenol Company Limited, Thailand /M/s PTT Public Company
Ltd. |
10.03 |
MT. |
USD |
2. |
29071110 or 27079900 |
PHENOL |
Thailand |
Thailand |
M/s PTT Phenol Company Limited, Thailand |
Mitsui & Co. Ltd., Japan (MBK) OR Mitsui & Co. (Asia Pacific) Pte.
Ltd. Singapore |
Nil |
MT. |
USD |
3. |
29071110 or 27079900 |
PHENOL |
Thailand |
Thailand |
Any combination other than at Sl. no. 1 and 2 above |
172.53 |
MT. |
USD |
4. |
29071110 or 27079900 |
PHENOL |
Thailand |
Any other than Singapore, USA, South Africa, EU, Korea, RP, Japan
|
Any |
Any |
172.53 |
MT. |
USD |
5. |
29071110 or 27079900 |
PHENOL |
Any other than Singapore, USA, South Africa, EU, Korea, RP, Japan
|
Thailand |
Any |
Any |
172.53 |
MT. |
USD |
6 |
29071110 or 27079900 |
PHENOL |
Japan |
Japan |
M/s Mitsui Chemical Inc., Japan(MCI) |
Mitsui & Co. Ltd., Japan (MBK) OR Mitsui & Co. (Asia Pacific) Pte.
Ltd. Singapore |
468.17 |
MT. |
USD |
7. |
29071110 or 27079900 |
PHENOL |
Japan |
Japan |
Any combination other than Sl.no.6 above |
547.03 |
MT. |
USD |
8. |
29071110 or 27079900 |
PHENOL |
Japan |
Any other than Singapore, USA, South Africa, EU, Korea, RP, Thailand
|
Any |
Any |
547.03 |
MT. |
USD |
9. |
29071110 or 27079900 |
PHENOL |
Any other than Singapore, USA, South Africa, EU, Korea, RP, Thailand
|
Japan |
Any |
Any |
547.03 |
MT. | USD |
2. The anti-dumping duty imposed shall be levied for a period of five years
(unless revoked, superseded or amended earlier) from the date of imposition of
the provisional anti-dumping duty, that is, the 19th April, 2010, 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 Customs Act.
(Prashant Kumar)
Under Secretary to the Government of India.
[F.No.354/23/2010 –TRU]