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Regarding anti-dumping duty on the imports of Acetone originating - Customs Notification No.36/2011
April, 19th 2011

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. 36 /2011-Customs

New Delhi, 18th April, 2011

 

G.S.R.       (E). - Whereas in the matter of imports of Acetone [hereinafter referred to as the subject goods], falling under sub- heading 2914 11 00  of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Thailand and Japan (hereinafter referred as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No. 14/31/2009-DGAD, dated the 16th February, 2010, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 16th February, 2010, had come to the conclusion that

 

(a)  the subject goods had been exported to India from the subject countries below its normal value;

(b)  the domestic industry had suffered material injury;

(c)  the injury had been caused by the dumped imports from subject countries;

 

and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from, the subject countries;

 

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification No. 45/2010-Customs, dated the 9th April, 2010, published in the Gazette of India, Extraordinary Part II, Section 3, sub-section (i), vide number G.S.R. 309(E), dated the 9th April, 2010;

           

And whereas, the designated authority, in its final findings vide notification No. 14/31/2009-DGAD dated the 19th January,2011, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 19th January,2011, had come to the conclusion that-

 

(a) the product under consideration has been exported to India from the subject countries below its associated normal value, thus resulting in dumping of the product;

(b) the domestic industry has suffered material injury in respect of the subject goods; 

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

 

Now, therefore, in exercise of the powers conferred by sub-section (1) read with sub-section (5) of section 9A of the said Customs Tariff Act, 1975 read with rules 18 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, on the basis of the aforesaid findings of the designated authority, hereby imposes definitive anti- dumping duty on the goods, the description of which is specified in column (3) of the Table below, falling under sub-heading of the First Schedule to the said Customs Tariff Act, as specified in the corresponding entry in column (2),originating in the country specified in the corresponding entry in column (4), and exported from the country specified in the corresponding entry in column (5) and produced by the producer specified in the corresponding entry in column (6) and exported by the exporter specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (8), in the currency as 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 of measurement

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

1.

2914 11 00

Acetone

Thailand

Thailand

M/s PTT Phenol Company Limited, Thailand

M/s PTT Phenol Company Limited, Thailand

Nil

MT

USD

2.

2914 11 00

Acetone

Thailand

Thailand

M/s PTT Phenol Company Limited, Thailand.

M/s PTT  Public Company Ltd.

Nil

MT

USD

3.

2914 11 00

Acetone

Thailand

Thailand

M/s PTT Phenol Company Limited, Thailand.

Mitsui & Co. Ltd., Japan (MBK) OR Mitsui & Co. (Asia Pacific) Pte. Ltd., Singapore

Nil

MT

USD

4.

2914 11 00

Acetone

Thailand

Thailand

Any combination other than at Sl.no.1 to3 above.

 

85.85

MT

USD

5.

2914 11 00

Acetone

Thailand

Any other than Singapore, USA,South Africa, EU,Korea RP, Taiwan and Japan

Any

Any

85.85

MT

USD

6.

2914 11 00

Acetone

Any other than Singapore,USA,South Africa, EU,Korea RP, Taiwan and Japan

Thailand

Any

Any

85.85

MT

USD

7.

2914 11 00

Acetone

Japan

Japan

Mitsui Chemicals Inc. Japan

 

Mitsui & Co. Ltd., Japan (MBK) & Mitsui & Co. (Asia Pacific) Pte. Ltd., Singapore

 

Nil

MT

USD

8.

2914 11 00

Acetone

Japan

Japan

Any combination other than at Sl.no.7 above.

94.96

MT

USD

9.

2914 11 00

Acetone

Japan

Any other than Singapore, USA, South Africa, EU,KoreaRP Taiwan and Thailand

Any

Any

94.96

MT

USD

10.

2914 11 00

Acetone

Any other than Singapore, USA, South Africa, EU,KoreaRP Taiwan and Thailand

Japan

Any

Any

94.96

MT

USD

 

2.         The anti-dumping duty imposed shall be levied for a period of five years (unless revoked, superseded or amended earlier) from the date of imposition of the provisional anti-dumping duty, that is, the 9th April, 2010, 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 Customs Act.

 

[F.No.354/25/2010 TRU]

 

(Sanjeev Kumar Singh)

Under Secretary to the Government of India.

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