CUSTOMS (ADD) Notification No 02 of 2023 dated 25th January, 2023
The extract of CUSTOMS (ADD) Notification No. 02/2023- CUSTOMS is given below:
Notification No. 02/2023-CUSTOMS (anti-dumping duty)
Seeks to amend notification No. 43/2021-Customs(ADD) regarding levy of anti-dumping duty on Phthalic anhydride to amend the name of the producer from "Aekyung Petrochemical Co. Ltd." to "Aekyung Chemical Co., Ltd.".
[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. 2/2023-Customs (ADD)
New Delhi, the 25th January, 2023
G.S.R…. (E). -Whereas, in the matter of ‘Phthalic Anhydride’ (hereinafter referred to as the subject goods), originating in, or exported from China PR, Indonesia, Korea RP and Thailand (hereinafter referred to as the subject countries), falling under tariff item 2917 35 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), and imported into India, the designated authority in its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification number 6/16/2020-DGTR, dated the 19th May, 2021, had come to the conclusion that –
(i) the subject goods have been exported to India from the subject countries below its normal value,
thus resulting in dumping;
(ii) the domestic industry had suffered material injury;
(iii) there is causal link between dumping of subject goods and injury to the domestic industry, and had recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from the subject countries and imported into India, in order to remove injury to the domestic industry;
And whereas, on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed the anti-dumping duty on the subject goods, vide notification of the Government of India, Ministry of Finance (Department of Revenue), No. 43/2021-Customs (ADD), published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 543(E), dated the 9th August, 2021;
And whereas, Aekyung Chemical Co., Ltd. has requested the designated authority for changing the name of cooperating producer from “Aekyung Petrochemical Co., Ltd.” to “Aekyung Chemical Co., Ltd.” in the duty table of the final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification number 6/16/2020-DGTR, dated the 19th May, 2021;
And whereas, the designated authority, vide notification No. 7/06/2022-DGTR, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th September, 2022, has come to the conclusion that the request falls within the category of name change only and there is no change in the ownership in a manner that alters the basic nature of the business and recommended that the name of the producer viz. “Aekyung Petrochemical Co., Ltd.” be amended to “Aekyung Chemical Co., Ltd.” in its final findings notification No. 6/16/2020-DGTR, dated the 19th May, 2021;
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 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, after considering the aforesaid notification No. 7/06/2022-DGTR of the Designated Authority, hereby makes the following amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue), No. 43/2021-Customs (ADD), published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 543(E), dated the 9th August, 2021, namely:-
In the said notification, in the Table, against serial number 6, in Column (6), for the entry, the entry “Aekyung Chemical Co., Ltd.” shall be substituted.
[F. No. CBIC-190354/319/2022-TRU Section-CBEC]
(Nitish Karnatak)
Under Secretary to the Government of India