Source: www.cbec.gov.in
The Central Government vide initiation Notification No. 15/5/2016-DGAD, dated July 8, 2016, had initiated review in terms of sub section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (herein after 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 (herein after referred to as the said rules), in the matter of continuation of anti-dumping duty on imports of –
- PX-13 and TDQ originating in and exported from EU and MOR from China PR. are imposed vide Notification of the Government of India, in the Ministry of Finance, No.67/2011-Customs (ADD) dated July 28, 2011, and
- MBTS from China PR, imposed vide Notification No. 98/2011-Customs (ADD) dated October 20, 2011, and had recommended for extension of anti-dumping duty, in terms of Sub Section (5) of section 9A of the said Act.
And whereas, the Central Government vide Notification No.35/2016- Customs (ADD) dated July 26, 2016, had extended the anti-dumping duty up to July 27, 2017, and vide Notification No.40/2016- Customs (ADD), dated August 8, 2016, had extended the anti-dumping duty up to October 19, 2017.
In the matter of reviewing anti-dumping duty on imports originating from the subject countries, the Designated Authority, vide initiation
Notification No. F No. 15/5/2016-DGAD, dated November 17 , 2017[1], in its final findings has come to the conclusion that –
Rubber Chemical PX-13 –
There was continued dumping of PX-13 from EU, causing injury to the domestic industry. Imports were undercutting and underselling the prices of the domestic industry. Cessation of anti-dumping duty was likely to lead to continuation and recurrence of dumping and injury to the domestic industry.
Rubber Chemical TDQ –
There was no continued dumping from EU or injury to the domestic industry. Cessation of anti-dumping duty was not likely to lead to continuation and recurrence of dumping and injury to the domestic industry.
Rubber Chemical MOR –
There was continued dumping of MOR from China PR. Imports were significantly undercutting and underselling the prices of the domestic industry. Cessation of anti-dumping duty was likely to lead to continuation and recurrence of dumping and injury to the domestic industry.
Rubber Chemical MBTS –
There was no continued dumping from China PR or injury to the domestic industry. Cessation of anti-dumping duty was not likely to lead to continuation or recurrence of dumping and injury to the domestic industry. It has also recommended the imposition of definitive antidumping duty on the imports of rubber chemical PX-13 originating in or exported from the European Union, and rubber chemical MOR originating in or exported from China PR and imported into India, in order to remove injury to the domestic industry.
Therefore, in exercise of the powers conferred by sub section (1) and sub section (5) of section 9A of the Customs Tariff Act, and 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, imposes anti-dumping on the above goods.
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. The 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, 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.
[1] http://www.cbec.gov.in/resources//htdocs-cbec/customs/cs-act/notifications/notfns-2017/cs-add2017/
csadd54-2017.pdf