Notification No. 20/2016, Dated 27th May 2016

[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. 20/2016-Customs (ADD)

New Delhi, the 27th of May, 2016

            G.S.R. (E). – Whereas, the designated authority, vide notification No. 15/26/2014- DGAD, dated the 16th March, 2015, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of Coumarin (hereinafter referred to as the subject goods) falling under tariff item 2932 20 10 of 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 People’s Republic of China (hereinafter referred to as the subject country), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 12/2012- Customs (ADD), dated the 8th February, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 77(E), dated the 8th February, 2012;

            And whereas, the Central Government had extended the period of imposition of antidumping duty on the subject goods, originating in or exported from the subject country upto and inclusive of the 22nd March, 2016 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 08/2015-Customs (ADD), dated the 7th April, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 266(E), dated the 7th April, 2015;

            And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject country, the designated authority in its final findings, published vide notification No. 15/26/2014-DGAD, dated the 2nd March, 2016, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that –

(i)                the subject goods has been exported to India from the subject country below normal value during the period of investigation (POI) despite the anti-dumping duty in force;

(ii)             during the POI and post POI, although dumping has continued and dumping margin determined is positive, it has not caused injury to the domestic industry;

(iii)           Chinese prices to third countries are dumped prices and if the product under consideration is imported in to India at the said prices, in the event of revocation of the anti-dumping duty, such imports are likely to cause injury to the domestic industry

and has recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from subject country 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 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 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 the said tariff item 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 produced by the producer as specified in the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by a exporter as specified in the corresponding entry in column (7), imported into India, an anti-dumping duty at a rate which is equivalent to difference between 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 and the landed value of imported goods in like currency as per like unit of measurement.

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 Official Gazette and shall be paid in Indian currency.

Explanation.- For the purposes of this notification,-

(a)  “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3,3A, 8B, 9 and 9A of the Customs Tariff Act, 1975;

(b)  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. 354/22/2010-TRU]

(Anurag Sehgal)

Under Secretary to the Government of India