Levy of Anti-Dumping Duty on Para-Tertiary Butyl Phenol (PTBP)

CBIC imposes levy of anti-dumping duty on ‘Para-Tertiary Butyl Phenol (PTBP)’ imported from Korea RP, Singapore and United States of America for 5 years pursuant to Final Findings issued by DGTR

The Ministry of Finance, under Notification No. 04/2024-Customs (ADD) dated March 14, 2024, has announced the imposition of an anti-dumping duty on imports of Para-Tertiary Butyl Phenol (PTBP) from Korea RP, Singapore, and the United States of America. This decision follows the Final Findings issued by the Directorate General of Trade Remedies (DGTR).

According to the findings, the designated authority concluded that:

• The subject goods were exported to India below normal value, leading to dumping.
• Dumping of these goods significantly hindered the growth of domestic industries.
• The landed price of imports undercut the prices of domestic industries.

In light of these conclusions, the Central Government, exercising its powers under the Customs Tariff Act, has imposed anti-dumping duties on PTBP imports. The duty rates vary based on the country of origin, exporter, and producer, as outlined in the notification.

Key details of the imposed duty:

• Duration: The anti-dumping duty will be applicable for a period of five years from the date of publication in the Official Gazette, unless revised earlier.
• Payment: Duties are payable in Indian currency.
• Rate of Exchange: The applicable rate of exchange for duty calculation will be determined as per government notifications issued under the Customs Act, 1962.

This move aims to mitigate the adverse effects of dumping on domestic industries and foster fair trade practices in the importation of PTBP.

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MINISTRY OF FINANCE
(Department of Revenue)

Notification No. 04/2024-Customs (ADD) | Dated : 14th March, 2024

G.S.R. 198(E).—Whereas, in the matter of “Para-Tertiary Butyl Phenol (PTBP)” (hereinafter referred to as the subject goods), falling under tariff item 2907 19 40 of the First Schedule of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in, or exported from Korea RP, Singapore and the United States of America (hereinafter referred to as the subject countries) and imported into India, the designated authority in its final findings, vide notification F. No. 6/14/2022-DGTR, dated the 20th December, 2023, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th December, 2023, has come to the conclusion, inter alia that-

(i) the product under consideration has been exported to India at a price below normal value, thus resulting in dumping;

(ii) the dumping of the subject goods has materially retarded the establishment of domestic industry in India;

(iii) the landed price of imports is below the level of selling price of the domestic industry and is undercutting the prices of the domestic industry,

and has recommended imposition of anti-dumping duty on imports of the subject goods, originating in, or exported from the subject countries and imported into India, 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 Antidumping 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), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (7), in the currency as specified in the corresponding entry in column (9) and as per unit of measurement as specified in the corresponding entry in column (8) 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 publication of this notification in the Official Gazette and shall be payable in Indian currency.

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. CBIC-190354/24/2024-TRU Section-CBEC]
NITISH KARNATAK, Under Secy.