Notification no 28/2019 Customs (Anti-Dumping Duty) date on 24th July, 2019

 

Seeks to impose definitive anti-dumping duty on imports of "Purified Terephthalic Acid" originating in or exported from Korea RP and Thailand, in pursuance of sunset review final findings issued by DGTR.

 The extract of CUSTOMS (ADD) Notification No. 28/2019- CUSTOMS is given below:

   Notification No. 28/2019-CUSTOMS (anti-dumping duty)

 

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. 28/2019-Customs (ADD) 

New Delhi, the 24^th July, 2019

 

G.S.R…. (E). - Whereas, the designated authority, vide notification No.7/36/2018 DGTR, dated the 31^st October, 2018, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31^st October, 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 ‘Purified Terephthalic Acid’ (hereinafter referred to as the subject goods), falling under the tariff item 2917 36 00 of the First Schedule to the Customs Tariff Act, originating in or exported from Korea RP and Thailand (hereinafter referred to as the subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 23/2015-Customs (ADD) dated the 27^th May, 2015 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 429 (E), dated the 27^th May, 2015;

 

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.7/36/2018-DGAD, dated the 28^th June, 2019 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28^th June, 2019, has come to the conclusion that- 

 

(1)   there is continued dumping of the subject goods and the imports are likely to enter the Indian market at dumped prices in the event of expiry of duty; 

 

(2)   the parameters such as significant dumping margin, injury margin, significant volume of imports, positive price undercutting, price attractiveness of the Indian market, low return on investment earned by the domestic industry and surplus capacities of the exporters, collectively and cumulatively shows that injury to the domestic industry is likely in the event of cessation of duty and the situation of domestic industry is likely to deteriorate if the existing anti-dumping duties are allowed to cease;

 

(3)   the deterioration in the performance of the domestic industry is likely because of dumped imports from the subject country and thus, the anti-dumping duties are required to be extended; 

 

(4)   the domestic industry has itself sought continued imposition of duty and the authority concludes that it is appropriate to continue the same level of anti-dumping duty as imposed earlier in the original investigation. 

And whereas it has been 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 as specified in the corresponding entry in column (10), and per unit of measurement specified in the corresponding entry in column (9) of the said Table.