GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 10/2013-Customs (ADD)
New Delhi, the 3rd May, 2013
G.S.R. 285 (E). – Whereas, in the matter of import of Phenol (hereinafter
referred to as the subject goods), falling under Chapter 27 or 29 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to
as the said Customs Tariff Act), originating in, or exported from, European
Union, South Africa and Singapore (hereinafter referred to as the subject
countries), on the basis of the findings of the designated authority made vide
notification No. 15/09/2007-DGAD dated the 4th August, 2008, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 4th August, 2008,
the Central Government had imposed definitive anti-dumping duty on the subject
goods vide notification of the Government of India in the Ministry of Finance
(Department of Revenue),
No. 114/2008-Customs, dated the 31st October, 2008,
published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section
(i) vide number G.S.R.758 (E), dated, the 31st October, 2008.
And whereas, the designated authority vide notification No. 15/16/2011-DGAD,
dated the 8th December, 2011, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 8th December, 2011, had initiated review in terms
of sub-section (5) of section 9A of the said Customs Tariff Act read with rule
23 of the Customs Tariff (Identification, Assessment and Collection of
Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995 (hereinafter referred to as the said rules), in the matter of continuation
of anti-dumping duty on imports of subject goods, originating in, or exported
from, the subject countries, imposed vide notification of the Government of
India, in the Ministry of Finance (Department of Revenue),No. 114/2008-Customs,
dated the 31st October, 2008, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i), vide number G.S.R.758 (E), dated the 31st
October, 2008.
And whereas, the designated authority vide notification number 15/16/2011-DGAD,
dated the 6th February, 2013 published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 6th February, 2013, had concluded that-
- the dumping margin of the subject goods imported from European Union and
South Africa is positive whereas for Singapore it is negative during the period
of investigation;
- subject goods are likely to enter the Indian market at dumped prices from
South Africa should the present measures be withdrawn and the likely dumping
margin and injury margin in respect of imports from South Africa is significant;
- the injury to the domestic industry is not likely to continue or recur on
account of imports of subject goods from Singapore and European Union, if the
existing anti-dumping duty is withdrawn;
- even though the domestic industry has improved its performance during the
period of investigation, the situation of domestic industry continues to be
fragile and should the present anti dumping duties from South Africa be
withdrawn, injury to the domestic industry is likely to recur,
and had recommended continuation of anti dumping duty on imports of subject
goods from South Africa at the rates specified vide notification number
15/9/2007-DGAD dated the 4th August, 2008 and Customs notification number
114/2008 dated the 31st October, 2008 in order to remove injury to the domestic
industry and withdrawal of anti dumping duties on subject goods from Singapore
and European Union as the injury to the domestic industry is not likely to
continue or recur on account of imports of subject goods from Singapore and
European Union, if the said anti-dumping duty is removed.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5)
of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with rules 18
and 23 of the 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. 114/2008-Customs, dated the 31st
October, 2008, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), vide number G.S.R.758 (E), dated the 31st October,
2008 except as respects things done or omitted to be done before such
supersession, 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 tariff item or
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 as specified
in the corresponding entry in column (4), and produced by the producers as
specified in the corresponding entry in column (6), when exported from the
country as specified in the corresponding entry in column (5), by the exporters
as 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
S. No |
Tariff item/Sub-heading
|
Description of goods
|
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measu-rement
|
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1. |
2707 99 00 or 2907 11 |
Phenol |
South Africa |
South Africa |
Any |
Any |
119 |
MT |
US dollar |
2. |
2707 99 00 or 2907 11 |
Phenol |
South Africa |
Any country other than South Africa |
Any |
Any |
119 |
MT |
US dollar |
3. |
2707 99 00 or 2907 11 |
Phenol |
Any country other than South Africa |
South Africa |
Any |
Any |
119 |
MT |
US dollar |
- The anti-dumping duty imposed under this notification shall be levied from
the date of publication of this notification in the Official Gazette and valid
up to the 30th October, 2013.
- The anti-dumping duty imposed under this notification shall be payable in
Indian currency.
Explanation. - For the purposes of this notification, rate of exchange
applicable for the purposes of calculation of 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 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.
[F.No.354/124/2002-TRU (Pt-III)]
(Raj Kumar Digvijay)
Under Secretary to the Government of India