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Notification No. 23/2014, Dated 16th May 2014

[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. 23/2014-Customs (ADD)

      New Delhi, the 16th May, 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 on account of subject imports from the subject countries;

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

and has 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, 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 13 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, after considering the aforesaid preliminary 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),  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 (9)  and as per unit of measurement as specified in the corresponding entry in column (10) of the said Table.

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

79.63

US Dollar

MT

2

2907 11 10

Phenol

Chinese Taipei

Switzerland

Formosa Chemicals & Fibre Corporation

Kolmar Group AG

79.63

US Dollar

MT

3

2907 11 10

Phenol

Chinese Taipei

Chinese Taipei

Taiwan Prosperity Chemical Corporation

Taiwan Prosperity Chemical Corporation

46.07

US Dollar

MT

4

2907 11 10

Phenol

Chinese Taipei

Switzerland

Taiwan Prosperity Chemical Corporation

Kolmar Group AG 

46.07

US Dollar

MT

5

2907 11 10

Phenol

Chinese Taipei

Chinese Taipei

Any combination other than S.No 1 and 4

193.9

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

193.9

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

193.9

US Dollar

MT

8

2907 11 10

Phenol

United States of America

United States of America

Any

Any

146.09

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

146.09

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

146.09

US Dollar

MT

2.  The anti-dumping duty imposed under this notification shall be levied for a period not exceeding six months (unless revoked, amended or superseded 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 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]

    (Akshay Joshi)

Under Secretary to the Government of India

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