Seeks to levy definitive anti-dumping duty on imports of Methylene Chloride, originating in or exported from the European Union, United States of America and Korea RP for a period of five years from the date of imposition of the provisional anti-dumping duty, that is, 21st October, 2013

TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA, EXTRAORDINARY]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 24/2014-Customs (ADD)

New Delhi, the 21st May, 2014

G.S.R.       (E). – Whereas, in the matter of “Methylene Chloride” also known as “Dichloromethane”  (hereinafter referred to as the subject goods), falling under Chapter 29 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 European Union, United States of America and Korea RP (hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No. 14/19/2012-DGAD dated 6th September, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th September, 2013, 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 vide notification of the Government  of India  in  the  Ministry of Finance (Department of Revenue),      No. 24/2013 – Customs (ADD), dated 21st October, 2013, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 696 (E), dated the 21st October, 2013;

And, whereas, the designated authority in its final findings vide notification No. 14/19/2012-DGAD dated 2nd April, 2014 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the  2nd April, 2014, had come to the conclusion that-

(a) The subject goods have been exported to India from the subject countries below their normal value;

(b) The domestic industry has suffered material injury on account of subject imports from the subject countries;

(c) The material injury has been caused by the dumped imports of subject goods from the subject countries;

and had 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, on the basis of 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 sub-heading 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),  and exported from the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (6), and 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.

Table

Sl. No
Sub-heading
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
2903 12
Dichloro-methane
(Methylene
Chloride)
European
Union
European
Union
M/s. Akzo
Nobel
Industrial
Chemicals
B.V,
Netherlands
M/s. Akzo
Nobel
Industrial
Chemicals
B.V,
Netherlands
0.32
Kg
US Dollar
2
2903 12
Dichloromethane
(Methylene
Chloride)
European
Union
European
Union
Any producer or exporter other than combination at Serial  Number 1
0.36
Kg
US Dollar
3
2903 12
Dichloromethane
(Methylene
Chloride)
Any country other than subject countries
European
Union
Any
Any
0.36
Kg
US Dollar
4
2903 12
Dichloromethane
(Methylene
Chloride)
European
Union
Any country other than subject countries
Any
Any
0.36
Kg
US Dollar
5
2903 12
Dichloromethane
(Methylene
Chloride)
United
States of
America
United
States of
America
Any
Any
0.33
Kg
US Dollar
6
2903 12
Dichloromethane
(Methylene
Chloride)
Any country other than subject countries
United
States of
America
Any
Any
0.33
Kg
US Dollar
7
2903 12
Dichloromethane
(Methylene
Chloride)
United
States of
America
Any country other than subject countries
Any
Any
0.33
Kg
US Dollar
8
2903 12
Dichloromethane
(Methylene
Chloride)
Korea RP
Korea RP
Any
Any
0.21
Kg
US Dollar
9
2903 12
Dichloromethane
(Methylene
Chloride)
Any country other than subject countries
Korea RP
Any
Any
0.21
Kg
US Dollar
10
2903 12
Dichloromethane
(Methylene
Chloride)
Korea RP
Any country other than subject countries
Any
Any
0.21
Kg
US Dollar

2. The anti-dumping duty imposed under this notification shall be effective 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, 21st October, 2013 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.354/199/2013-TRU]

(Akshay Joshi)

Under Secretary to the Government of India

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