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.
5/2019-Customs (ADD)
New Delhi, the
24th January, 2019
G.S.R….
(E). - Whereas, the designated authority vide notification No.7/2/2018 DGAD,
dated the 26th February, 2018, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 26th February, 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 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 ‘Metaphenylene Diamine’ (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 China PR (hereinafter referred to
as the subject countries), imposed vide notification of the Government of India
in the Ministry of Finance (Department of Revenue), No. 11/2014- Customs (ADD),
dated the 11th March, 2014 published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i), vide number G.S.R. 179 (E), dated the 11th
March, 2014;
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 21st March, 2019 vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 10/2018-Customs (ADD), dated the 20th March, 2018, published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number
G.S.R. 247(E), dated the 20th March, 2018;
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.7/2/2018-DGAD, dated the 13 th December, 2018 published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 13th December, 2018 has come
to the conclusion that:
(i)
imports from China PR continue to
command a significant share in the domestic market;
(ii)
there has been continued dumping of the
subject goods from China PR and the dumping is likely to continue and increase
if the anti-dumping duty is allowed to cease;
(iii)
even when the performance of the domestic
industry improved in respect of volume parameters, the domestic industry was
not able to improve its market share and was still holding a share much lower
than imports. Further, its performance deteriorated in respect of price
parameters to such an extent that the domestic industry was suffering financial
losses, cash losses and negative return on investment. Growth of the domestic
industry is adverse. The domestic industry has suffered continued injury;
(iv)
there is likelihood of continuation of dumping
and injury to the domestic industry.
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), and imported into India, an
anti-dumping duty at the rate equal to the amount as specified in the
corresponding entry in column (7), in the currency specified in the
corresponding entry in column (9) and per unit of measurement as specified in
the corresponding entry in column (8) of the said Table.
Table
S. No. |
Heading/ Sub heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Amount of duty |
Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
1. |
29215120 or 29215190 |
Meta Phenylene Diamine’ (MPDA), also
known as mPhenylene Diamine, 1,3- diaminobenze ne, 1, 3- Benzenediami ne,
mAminoaniline, mBenzenedia mine, mDiaminobenze ne, 1,3- Phenylenedia mine, 3-
Aminoaniline, mFenylendia min, Phenylenedia mine, and mAminoaline,
Phenylenedia mine meta. |
China PR |
Any country including China PR |
Sichuan North Hongguang Special
Chemical Co. Ltd. |
716.13 |
MT |
US$ |
2. |
29215120 or 29215190 |
-do- |
China PR |
Any country including China PR |
Zhejiang Amino-Chem Co., Ltd |
573.92 |
MT |
US$ |
3. |
29215120 or 29215190 |
-do- |
China PR |
Any country including China PR |
Any producer other than at 1and 2 |
1015.44 |
MT |
US$ |
4. |
29215120 or 29215190 |
-do- |
Any Country other than China PR |
China PR |
Any |
1015.44 |
MT |
US$ |
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.
354/26/2013 –TRU (Pt. I)]
(Gunjan Kumar
Verma)
Under Secretary to the Government of India
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