Notification No. 98/2007, Dated 31st Aug 2007

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

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 98/2007-Customs

New Delhi, dated the 31^st August, 2007

G.S.R.(E). - Whereas in the matter of import of phenol (hereinafter referred to as the subject goods), falling under erstwhile tariff item 2707 60 00 or sub-heading 2907 11 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, South Africa, Singapore and European Union (hereinafter referred to as the subject countries), the designated authority in its preliminary findings vide notification No. 14/4/2002-DGAD dated the 24^th June, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the  24^th June, 2002 had come to the conclusion that –

(a)                phenol had been exported to India from South Africa, Singapore and European Union below its normal value;

(b)                the Indian industry had  suffered material injury; 

(c)                the injury had been caused to by the dumped imports  from South Africa, Singapore and European Union;

            And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 79/2002–Customs, dated the 13^th August, 2002, [G.S.R. 557(E), dated the 13^th August, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 13^th August, 2002;

And whereas the designated authority, in its final findings vide notification No.14/4/2002-DGAD, dated the 13^th February, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13^thFebruary, 2003, had come to the conclusion that-

(a)               phenol had been exported to India from South Africa, Singapore and European Union below its normal value;

(b)               the Indian industry had suffered material injury; 

(c)               the injury had been caused to by the dumped imports  from South Africa, Singapore and European Union;

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

And whereas on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed final anti-dumping duty on the subject goods vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No 47/2003-Customs, dated the 24^th March, 2003, G.S.R 233 (E), dated the 24^th March, 2003, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 24^th March, 2003;

And whereas the designated authority, in its final findings in mid-term review, vide notification No. 15/4/2006-DGAD, dated the 13^th July, 2007, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 13^th July, 2007, has come to the conclusion that-

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

(b)               the domestic industry has suffered material injury due to dumped imports;

(c)               discontinuation of anti-dumping duties on the subject goods from subject countries may result in continuation of dumping and continuance or intensification of injury to the domestic industry. 

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

And whereas, the designated authority vide notification No. 15/9/2007-DGAD, dated the 10^th August, 2007, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 11^th August, 2007, has initiated review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on subject goods, originating in, or exported from, the subject countries imposed vide  notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No 47/2003-Customs, dated the 24^th March, 2003, G.S.R 233(E), dated the 24^th March, 2003, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 24^th March, 2003;

And whereas, the designated authority has requested for extension of anti-dumping duty on import of subject goods, originating in, or exported from, the subject countries for a period of one year from the date of its expiry, in terms of sub-section (5) of section 9A of the said Customs Tariff Act, pending the completion of the review

Now, therefore, in exercise of the powers conferred by sub sections (1) and (5) of section 9A of the said Customs Tariff Act read with rules 18 and 23 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 erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 47/2003-Customs, dated the 24^th March, 2003, G.S.R 233 (E), dated the 24^th March, 2003,except as respects things done or omitted to be done before such supersession, the Central Government, on the basis of aforesiad finding and recomendation 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 or sub-heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country 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 a rate which is equal to the amount as specified in the corresponding entry in column (8), in the currency asspecified in the corresponding entry in column (10)  and  per unit of measurement as specified in the corresponding entry in column (9) of the said Table.

TABLE

2.         This notification shall remain in force upto and inclusive of the 12^th August 2008, unless the notification is revoked earlier. The anti-dumping duty shall be paid in Indian currency.

Explanation. - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of 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 sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for 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.354/124/2002-TRU

 (Sonal Bajaj)  

Under Secretary to the Government of India