Seeks to levy definitive anti-dumping duty on imports of Purified Terephthalic Acid, originating in or exported from Korea RP and Thailand for a period of five years from the date of imposition of provisional anti-dumping duty i.e. 25th July, 2014

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
NEW DELHI

Notification No. 23/2015-Customs (ADD), Dated: May 27, 2015

Whereas, in the matter of Purified Terephthalic Acid including its variants- Medium Quality Terephthalic Acid (MTA) and Quality Terephthalic Acid (QTA) (hereinafter referred to as the subject goods), falling under tariff item 2917 36 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in, or exported from, the People’s Republic of China, European Union, Korea RP and Thailand, and imported into India, the designated authority in its preliminary findings published in the Gazette of India, Extraordinary, Part I, Section 1 vide notification No. 14/7/2013-DGAD, dated the 19th June, 2014, had recommended imposition of provisional anti-dumping duty on imports of the subject goods, originating in, or exported from, the People’s Republic of China, European Union, Korea RP and Thailand and imported into India;

And whereas, on the basis of the aforesaid preliminary findings of the designated authority, the Central Government had imposed the provisional anti-dumping duty on the subject goods, originating in, or exported from, the People’s Republic of China, European Union, Korea RP and Thailand vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 36/2014-Customs (ADD), dated the 25th July, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number G.S.R 541(E), dated the 25th July, 2014;

And whereas, the designated authority in its final findings published in the Gazette of India, Extraordinary, Part I, Section 1 vide notification No. 14/7/2013-DGAD, dated the 7th April, 2015, has come to the conclusion that-

(a) the volume of imports from the People’s Republic of China and European Union is below de minimis level, therefore, imports from the People’s Republic of China and European Union have been excluded from the purview of the anti-dumping investigation;

(b) the investigation is with respect to import of subject goods, originating in or exported from Korea RP and Thailand (hereinafter referred as the subject countries) only;

(c) the subject goods have been exported to India from the subject countries below its normal value thus resulting in the dumping;

(d) the domestic industry has suffered material injury due to dumping of the subject goods from the subject countries;

(e) the material injury has been caused by the dumped imports from the subject countries,

and has recommended imposition of the definitive anti-dumping duty on the subject goods, originating in, or exported from, the subject countries, in order to remove injury to the domestic industry.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 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, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (4), exported from the countries as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), exported 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 as specified in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and as per unit of measurement as specified in the corresponding entry in column (9) of the said Table, namely:-

Table

Sl.No
Tariff item
Description of goods
Country of origin
Country of export
Producer
Exporter
Amount
Unit
Currency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
1
2917 36 00 Purified Terephthalic Acid Korea RP Korea RP Samsung General Chemical Co Ltd Samsung C&T 27.32 MT US Dollar
2
2917 36 00 Purified Terephthalic Acid Korea RP Korea RP Taekwang Industrial Co Ltd Taekwang Industrial Co Ltd 23.61 MT US Dollar
3
2917 36 00 Purified Terephthalic Acid Korea RP Korea RP Any combination other than Sl.No 1 and 2 above 78.28 MT US Dollar
4
2917 36 00 Purified Terephthalic Acid Korea RP Any country other than those countries subject to anti -dumping duties Any Any 78.28 MT US Dollar
5
2917 36 00 Purified Terephthalic Acid Any country other than those countries subject to anti -dumping duties Korea RP Any Any 78.28 MT US Dollar
6
2917 36 00 Purified Terephthalic Acid Thailand Thailand Indorama Petrochem Ltd Indorama Petrochem Ltd 45.43 MT US Dollar
7
2917 36 00 Purified Terephthalic Acid Thailand Thailand TPT Petrochemicals Public Limited TPT Petrochemicals Public Limited 45.43 MT US Dollar
8
2917 36 00 Purified Terephthalic Acid Thailand Thailand Any combination other than Sl.No 6 and 7 above 62.55 MT US Dollar
9
2917 36 00 Purified Terephthalic Acid Thailand Any country other than those countries subject to anti -dumping duties Any Any 62.55 MT US Dollar
10
2917 36 00 Purified Terephthalic Acid Any country other than those countries subject to anti -dumping duties Thailand Any Any 62.55 MT US Dollar

Note: Purified Terephthalic Acid includes its variants- Medium Quality Terephthalic Acid (MTA) and Quality Terephthalic Acid (QTA)

2. The anti-dumping duty imposed under this notification shall be levied for a period of five years (unless revoked, amended or superseded earlier)from the date of imposition of the provisionalanti-dumpingduty, that is, the 25th July, 2014, 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.

[F.No.354/95/2014-TRU]

(Akshay Joshi)
Under Secretary to the Government of India

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