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. 52/2018-Customs (ADD)
New Delhi, the
15th October, 2018
G.S.R….
(E). - Whereas, the designated authority vide notification No.7/19/2017 DGAD ,
dated the 11th December, 2017, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 11th December 2017, had initiated the sunset
review in term of subsection (5) of section 9 A of the Customs Tariff Act, 1975
(51 of 1975), (hereinafter referred to as the Customs Tariff Act), 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, in the matter of continuation of anti-dumping duty on
imports of ‘Phthalic Anhydride’ (hereinafter referred to as the subject goods)
falling under the tariff item of the First Schedule to the Customs Tariff Act,
originating in or exported from Korea RP, Taiwan and Israel (hereinafter
referred to as the subject countries), imposed vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.
58/2012- Customs (ADD), dated the 24th December, 2012 published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number
G.S.R. 924 (E), dated the 24th December, 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 countries up to and inclusive of the 23 rd December, 2018 vide
notification of the Government of India, in the Ministry of Finance (Department
of Revenue) No. 56/2017-Customs (ADD), dated the 21st December, 2017, published
in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i),
vide number G.S.R. 1538 (E), dated the 21st December, 2017;
And
whereas, in the matter of review of anti-dumping duty on imports of the subject
goods, originating in or exported from the subject country, the Designated
Authority in its final findings, published vide notification No. F.
No.7/19/2017-DGAD, dated the 13th September, 2018 published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 13th September, 2018 has
come to the conclusion that:
‘the domestic industry (DI) was not suffering
continued injury; indeed, DI had not claimed to do so, either. The issue was -
likelihood of dumping of the PUC and consequent injury in case the anti-dumping
duty expires. In this regard the DA has noted that one of the largest exporters
of the PUC to India, which had fully cooperated with this investigation, was
exporting without facing any anti-dumping duty and was also not seen to be
causing any injury to the DI. This and the other exporters had sufficient
export opportunities; the export prices indicate a dynamic market globally;
with price realization not dissimilar to that obtained in India. There was no
evidence of any significant capacity enhancement elsewhere which might evidence
an impending influx of imports into India’,
And accordingly, has not recommended continuation of
existing Anti-Dumping Duty on imports of the ‘Phthalic Anhydride’ originating
in or exported from Korea RP, Taiwan and Israel in accordance with clause (b)
of rule 14 of the Customs Tariff (Identification, Assessment and Collection of
Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995.
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, 20
and 23 of the Customs Tariff (Identification, Assessment and Collection of
Antidumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995, the Central Government hereby rescinds the notification of the Government
of India, in the Ministry of Finance (Department of Revenue) No. 58/2012-
Customs (ADD), dated the 24th December, 2012, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.
924 (E), dated the 24th December, 2012, except as respects things done or
omitted to be done before such rescission.
[F. No.
354/206/2012 –TRU (Pt. III)]
(Gunjan Kumar
Verma)
Under Secretary to the Government of India
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