Anti-dumping duty on Purified Terephthalic Acid including MTA & QTA

Seeks to impose definitive anti-dumping duty on Purified Terephthalic Acid including its variants Medium Quality Terephthalic Acid (MTA) and Qualified Terephthalic Acid (QTA), originating in or exported from China PR, Iran, Indonesia, Malaysia and Taiwan, for a period of five years from the date of imposition of provisional anti-dumping duty

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 28/2016-Customs (ADD)

New Delhi, the 5th July, 2016

G.S.R. (E). – Whereas, in the matter of “Purified Terephthalic Acid” including its variants “Medium Quality Terephthalic Acid” and “Qualified Terephthalic Acid” (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, Iran, Indonesia, Malaysia and Taiwan (hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No. 14/8/2015-DGAD, dated the 12^th November, 2015, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12th November, 2015, 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 with effect from 10th December, 2015 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 60/2015-Customs (ADD), dated the 10th December, 2015, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 952 (E), dated the 10th December, 2015;

And, whereas, the designated authority in its final findings vide notification No. 14/8/2015-DGAD, dated the 9th June, 2016, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9th June, 2016, while confirming the preliminary findings dated the 12th November, 2015, has come to the conclusion that-

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

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

(iii) material injury has been caused by the dumped imports of subject goods from the subject countries,

and has recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported from the subject countries;

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 the 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

2. The anti-dumping duty imposed under this notification 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 10th December, 2015, and shall be payable in Indian currency:

Provided that the said anti-dumping duty shall not be levied for the period commencing from the date of the lapse of the provisional anti-dumping duty, that is, the 10th June, 2016 upto the preceding day of the publication of this notification in the Official Gazette.

Explanation.- For the purposes of this notification, rate of exchange applicable for the purpose 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.354/285/2015-TRU (Pt.-I)]

(Anurag Sehgal)

Under Secretary to the Government of India