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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
Notification No. 11/2018-Customs (ADD)
New Delhi, the 20th March, 2018
G.S.R. (E).- Whereas, in the matter of import of ‘Melamine’ (hereinafter
referred to as the subject goods), falling under tariff item 2933 61 00 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or
exported from China PR (hereinafter referred to as the subject country), the
designated authority, vide its final findings in the second sunset review
notification No.15/17/2014-DGAD, dated the 5th December, 2015,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th December,
2015, had come to the conclusion that –
(i) there is continued dumping of the subject goods from the subject country;
(ii) these dumped imports continue to cause injury to the domestic industry;
(iii) in the event of revocation or cessation of anti-dumping duties, dumping of
subject goods
from subject country and injury to domestic market is likely to
continue or intensify,
and had recommended continued imposition of definitive anti-dumping duty on
imports of the subject goods originating in, or exported from, the subject
country.
And Whereas, on the basis of the aforesaid findings of the designated
authority, the Central Government had imposed an anti-dumping duty on the
subject goods, vide, notification of the Government of India in the Ministry of
Finance (Department of Revenue),
No.2/2016- Customs (ADD), dated the 28th
January, 2016, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-Section (i), vide number G.S.R. 122 (E) dated the 28th January,
2016;
And Whereas, M/s. Kuitun Jinjiang Chemical Industries Co. Ltd. (producer)
through Foshan Kaisino Building Material Co. Ltd. (exporter) have requested for
review in terms of rule 22 of the Customs Tariff (Identification, Assessment and
Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995, in respect of exports of the subject goods made by them,
and the designated authority, vide new shipper review notification
No.7/11/2017-DGAD, dated 1 st January, 2018, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 1st January, 2018, has recommended
provisional assessment of all exports of the subject goods made by the above
stated party till the completion of the review by it;
Now therefore, in exercise of the powers conferred by sub-rule (2) of rule 22
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 recommendation of the
designated authority, hereby orders that pending the outcome of the said review
by the designated authority, the subject goods, when originating in or exported
from the subject country by M/s. M/s. Kuitun Jinjiang Chemical Industries Co.
Ltd. (producer) through Foshan Kaisino Building Material Co. Ltd. (exporter) and
imported into India, shall be subjected to provisional assessment till the
review is completed.
2. The provisional assessment may be subject to such security or guarantee as
the proper officer of customs deems fit for payment of the deficiency, if any,
in case a definitive antidumping duty is imposed retrospectively, on completion
of investigation by the designated authority.
3. In case of recommendation of anti-dumping duty after completion of the
said review by the designated authority, the importer shall be liable to pay the
amount of such anti-dumping duty recommended on review and imposed on all
imports of subject goods when originating in or exported from the subject
country by M/s. Kuitun Jinjiang Chemical Industries Co. Ltd. (producer) through
Foshan Kaisino Building Material Co. Ltd. (exporter) and imported into India,
from the date of initiation of the said review.
[F.No.354/319/2011-TRU (Pt.-II)]
(Ruchi Bisht)
Under
Secretary to the Government of India
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