Seeks to levy definitive anti-dumping duty on imports of phenol, originating in or exported from Chinese Taipei and USA for a period of five years from the date of imposition of the provisional anti-dumping duty, that is, 16th May, 2014.

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 43/2014-Customs (ADD)

New Delhi, the 30th September, 2014

G.S.R. (E). – Whereas, in the matter of Phenol (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 Chinese Taipei and the United States of America (hereinafter referred to as the subject countries), 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. 14/17/2012-DGAD, dated the 5th March, 2014, had come to the provisional conclusion that –

(a) the subject goods have been exported to India from the subject countries below their normal value, thus resulting in the dumping of the product;

(b) the domestic industry has suffered material injury;

(c) the material injury to the domestic industry has been caused by the dumped imports of the subject goods from subject countries, and had recommended imposition of provisional anti-dumping duty on imports of the subject goods, originating in or exported from the subject countries 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 subject countries vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 23/2014-Customs (ADD), dated the 16th May, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number G.S.R 344(E), dated the 16th May, 2014;

And whereas, the designated authority in its final findings published in the Gazette of India, Extraordinary, Part I, Section 1 vide notification No. 14/17/2012-DGAD, dated the 6th August, 2014, has come to the conclusion that-

(a) the subject goods have been exported to India from the subject countries below their normal value, thus resulting in the dumping of the product;

(b) the domestic industry has suffered material injury;

(c) the material injury to the domestic industry has been caused by the dumped imports of subject goods 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, and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.23/2014-Customs, dated the 16th May, 2014, published vide number G.S.R 344(E), dated the 16th May, 2014, except as respects things done or omitted to be done before such supersession, 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 (9) and as per unit of measurement as specified in the corresponding entry in column (10) of the said Table, namely:-

Table

Sl.No.
Tariff item
Description of goods
Country of origin
Country of export
Producer
Exporter
Amount
Currency
Unit
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
1
2907 11 10
Phenol
Chinese Taipei
Chinese Taipei
Formosa Chemicals & Fibre Corporation
Formosa Chemicals & Fibre Corporation
78.97
US Dollar
MT
2
2907 11 10
Phenol
Chinese Taipei
Switzerland
Formosa Chemicals & Fibre Corporation
Kolmar Group AG
78.97
US Dollar
MT
3
2907 11 10
Phenol
Chinese Taipei
Chinese Taipei
Taiwan Prosperity Chemical Corporation
Taiwan Prosperity Chemical Corporation
47.29
US Dollar
MT
4
2907 11 10
Phenol
Chinese Taipei
Switzerland
Taiwan Prosperity Chemical Corporation
Kolmar Group AG
47.29
US Dollar
MT
5
2907 11 10
Phenol
Chinese Taipei
Chinese Taipei
Any combination other than S.Nos. 1 and 4
196.24
US Dollar
MT
6
2907 11 10
Phenol
Chinese Taipei
Any country other than Chinese Taipei and the countries attracting anti-dumping duties
Any
Any
196.24
US Dollar
MT
7
2907 11 10
Phenol
Any country other than Chinese Taipei and the countries attracting anti-dumping duties
Chinese Taipei
Any
Any
196.24
US Dollar
MT
8
2907 11 10
Phenol
United States of America
United States of America
Any
Any
159.63
US Dollar
MT
9
2907 11 10
Phenol
United States of America
Any country other than United States of America and the countries attracting anti-dumping duties
Any
Any
159.63
US Dollar
MT
10
2907 11 10
Phenol
Any country other than United States of America and the countries attracting anti-dumping duties
United States of America
Any
Any
159.63
US Dollar
MT

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 provisional anti-dumping duty, that is, the 16th May, 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.354/64/2014-TRU]</

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