GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 36 /2011-Customs
New Delhi, 18th April, 2011
G.S.R. (E). - Whereas in the matter of imports of Acetone [hereinafter referred
to as the subject goods], falling under sub- heading 2914 11 00 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. 14/31/2009-DGAD, dated the 16th February, 2010,
published in the Gazette of India, Extraordinary, Part I, section 1, dated the
16th 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. 45/2010-Customs, dated the 9th April, 2010,
published in the Gazette of India, Extraordinary Part II, Section 3, sub-section
(i), vide number G.S.R. 309(E), dated the 9th April, 2010;
And whereas, the designated authority, in its final findings vide notification
No. 14/31/2009-DGAD dated the 19th January,2011, published in the Gazette of
India, Extraordinary, Part I, section 1, dated the 19th January,2011, had come
to the conclusion that-
- the product under consideration has been exported to India from the subject
countries below its associated normal value, thus resulting in dumping of the
product;
- the domestic industry has suffered material injury in respect of the subject
goods;
- the material injury has been caused by dumped imports of the subject goods
from the subject countries;
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 definitive anti- dumping duty on the goods,
the description of which is specified in column (3) of the Table below, falling
under sub-heading of 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 |
Amount |
Unit of measurement |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1. |
2914 11 00 |
Acetone |
Thailand |
Thailand |
M/s PTT Phenol Company Limited, Thailand |
M/s PTT Phenol Company Limited, Thailand |
Nil |
MT |
USD |
2. |
2914 11 00 |
Acetone |
Thailand |
Thailand |
M/s PTT Phenol Company Limited, Thailand. |
M/s PTT Public Company Ltd. |
Nil |
MT |
USD |
3. |
2914 11 00 |
Acetone |
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 |
4. |
2914 11 00 |
Acetone |
Thailand |
Thailand |
Any combination other than at Sl.no.1 to3 above. |
85.85 |
MT |
USD |
5. |
2914 11 00 |
Acetone |
Thailand |
Any other than Singapore, USA, South Africa, EU, Korea RP, Taiwan and
Japan |
Any |
Any |
85.85 |
MT |
USD |
6. |
2914 11 00 |
Acetone |
Any other than Singapore, USA, South Africa, EU, Korea RP, Taiwan and
Japan |
Thailand |
Any |
Any |
85.85 |
MT |
USD |
7. |
2914 11 00 |
Acetone |
Japan |
Japan |
Mitsui Chemicals Inc. Japan |
Mitsui & Co. Ltd., Japan (MBK) & Mitsui & Co. (Asia Pacific) Pte.
Ltd., Singapore |
Nil |
MT |
USD |
8. |
2914 11 00 |
Acetone |
Japan |
Japan |
Any combination other than at Sl.no.7 above. |
94.96 |
MT |
USD |
9. |
2914 11 00 |
Acetone |
Japan |
Any other than Singapore, USA, South Africa, EU, Korea RP Taiwan and
Thailand |
Any |
Any |
94.96 |
MT |
USD |
10. |
2914 11 00 |
Acetone |
Any other than Singapore, USA, South Africa, EU, Korea RP Taiwan and
Thailand |
Japan |
Any |
Any |
94.96 |
MT |
USD |
- 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 9th 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.
(Sanjeev Kumar Singh)
Under Secretary to the Government of India.
[F.No.354/25/2010 –TRU]
******