Notification No. 114/2008, Dated 31st Oct 2008

[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. 114 /2008-Customs

New Delhi, dated the 31^st October, 2008

G.S.R. (E). – 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 phenol (hereinafter referred to as the subject goods), originating in, or exported from, Singapore, South Africa and the European Union (hereinafter referred to as 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, vide 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 Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject countries upto and inclusive of the 12^th August, 2008 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 98/2007 -Customs dated the 31^st August, 2007, vide number G.S.R. 570(E), dated the 31^st August, 2007, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 31^st August, 2007;

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the subject countries, the designated authority vide its final findings No. 15/9/2007-DGAD dated the 4^th August, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4^th August, 2008, has come to the conclusion that-

(a)                the subject goods are entering the Indian market at dumped prices and dumping margins of the subject goods imported from the European Union and South Africa are substantial and above de-minimis;

(b)                the subject goods are likely to enter the Indian market at dumped prices and the likely dumping margins in respect of imports from Singapore and the European Union is substantial and above de-minimis;

(c)                the subject goods are likely to enter Indian market at dumped prices, should the present measures be withdrawn; and

(d)                even though the domestic industry has improved its performance between 2006-07 and the Period of Investigation, the situation of domestic industry continues to be fragile and  further, should the present anti dumping duties be revoked, injury to the domestic industry is likely to continue or recur;

 and has recommended continued imposition of definitive anti-dumping duty against 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, 1975 (51 of 1975) 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, the Central Government, after considering the aforesaid 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 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 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 which shall be equal to the amount mentioned 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

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 publication of this notification in the Gazette of India and 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 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 (Pt-II)] 

 (Sonal Bajaj)

Under Secretary to the Government of India.