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. 01/2019-Customs (ADD)
New Delhi, the 4
th January, 2019
G.S.R….
(E). - Whereas, the designated authority vide notification No.7/15/2018 DGAD,
dated the 3 rd May 2018, published in the Gazette of India, Extraordinary, Part
I, Section 1, dated the 3 rd May 2018, had initiated the review in term of
sub-section (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 Antidumping
Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the
matter of continuation of anti-dumping duty on imports of ‘Methylene Chloride’
(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
European Union and United States of America (hereinafter referred to as the
subject countries), imposed vide notification of the Government of India in the
Ministry of Finance (Department of Revenue), No. 24/2014- Customs (ADD), dated
the 21st May, 2014, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), vide number G.S.R. 347 (E), dated the 21st May,
2014 ;
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.7/15/2018-DGAD, dated the 22nd November, 2018 in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 22nd November, 2018 has come to the
conclusion that-
(i)
there is continued dumping of the
product concerned from the subject countries, causing injury to the domestic
industry;
(ii)
price undercutting without anti-dumping duty
is positive and significant;
(iii)
despite the anti-dumping duty in force, the
financial performance of the Domestic Industry has deteriorated; during the
Period of Investigation, the domestic industry has shown negative growth in
terms of the economic parameters such as production, sales, profitability and
Return on Capital Employed; the dumped imports from European Union and United
States of America continue to cause injury to the domestic industry;
(iv)
dumping of the product under consideration
from EU and USA is likely to continue/intensify should the current anti-dumping
duty be revoked,
and has recommended the imposition of definitive
anti-dumping duty on the imports of subject goods, originating in or exported
from the 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, 20 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 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), exported from the countries as specified in
the corresponding entry in column (5), produced by the producers as specified
in the corresponding entry in column (6), 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 specified 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
Sl. No |
Sub-heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 |
2903 12 |
Dichlorom ethane (Methylene Chloride) |
European Union |
European Union |
M/s. Akzo Nobel Industrial Chemicals
B.V, Netherlands |
M/s. Akzo Nobel Industrial Chemicals
B.V, Netherlan ds |
0.32 |
Kg |
US Dollar |
2 |
2903 12 |
Dichlorom ethane (Methylene Chloride) |
European Union |
European Union |
Any producer or exporter other than
combination at serial numbe r 1 |
Any producer or exporter other than
combinati on at serial num ber 1 |
0.36 |
kg |
US Dollar |
3 |
2903 12 |
Dichlorom ethane (Methylene Chloride) |
Any country other than subject
countries |
European Union |
Any |
Any |
0.36 |
Kg |
US Dollar |
4 |
2903 12 |
Dichlorom ethane (Methylene Chloride) |
European Union |
Any country |
Any |
Any |
0.36 |
Kg |
US Dollar |
5 |
2903 12 |
Dichlorom ethane (Methylene Chloride) |
United States of America |
United States of America |
Any |
Any |
0.33 |
Kg |
US Dollar |
6 |
2903 12 |
Dichlorom ethane (Methylene Chloride) |
Any country other than subject
countries |
United States of America |
Any |
Any |
0.33 |
Kg |
US Dollar |
7 |
2903 12 |
Dichlorom ethane (Methylene Chloride) |
United States of America |
Any country |
Any |
Any |
0.33 |
Kg |
US Dollar |
2. The
anti-dumping duty imposed 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 payable 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 Act.
[F.No.354/199/2013
–TRU(Pt-II)]
(Dr.
Sreeparvathy S. L.)
Under Secretary to the Government of India
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