GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE)
Notification No. 33/2008-Customs
New Delhi, dated the 11th March, 2008
G.S.R. (E). – Whereas, in the matter of import of Acetone (hereinafter referred to as the subject goods), falling under tariff item 2914 11 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union, Chinese Taipei, Singapore, South Africa and the United States of America (hereinafter referred to as the subject countries) and imported into India, the designated authority vide its preliminary findings No. 14/4/2006-DGAD dated the 25th April, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th April, 2007, had come to the conclusion that-
- the subject goods had been exported to India from the subject countries below its normal value;
- the domestic industry had suffered material injury;
- 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 of the Government of India in the Ministry of Finance (Department of Revenue), No. 77/2007-CUSTOMS, dated the 19th June, 2007, published in the Gazette of India vide number G.S.R. 436(E), dated the 19th June, 2007;
And whereas, the designated authority in its final findings vide notification No. 14/4/2006 -DGAD, dated the 4th January, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4th January, 2008, has come to the conclusion that-
- the subject goods have been exported to India from the subject countries below its normal value;
- the domestic industry has suffered material injury;
- the injury has been caused by the dumped imports from subject countries;
and has recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in or exported from the subject countries;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 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 final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the said 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), and exported from the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (6), and 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 as specified in the corresponding entry in column (9) of the said Table.
Table
Sl. No |
Tariff Item |
Description of Goods |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of Measurement |
Curr-ency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1. |
2914 11 00 |
Acetone |
Chinese Taipei |
Chinese Taipei |
Formosa Chemicals and Fibre Corp. |
Formosa Chemicals and Fibre Corp. |
89.42 |
MT |
USD |
2. |
2914 11 00 |
Acetone |
Chinese Taipei |
Chinese Taipei |
M/s Taiwan Prosperity Chemicals Ltd. |
M/s Taiwan Prosperity Chemicals Ltd. |
87.14 |
MT |
USD |
3 |
2914 11 00 |
Acetone |
Chinese Taipei |
Chinese Taipei |
Any combination of producer and exporter other than at Sl. No. 1 and 2 |
201.27 |
MT |
USD |
4 |
2914 11 00 |
Acetone |
Chinese Taipei |
Any country other than Chinese Taipei |
Any |
Any |
201.27 |
MT |
USD |
5. |
2914 11 00 |
Acetone |
Any country other than subject countries |
Chinese Taipei |
Any |
Any |
201.27 |
MT |
USD |
6. |
2914 11 00 |
Acetone |
Singapore |
Singapore |
Any |
M/s Mitsui and Co. Ltd. |
158.11 |
MT |
USD |
7. |
2914 11 00 |
Acetone |
Singapore |
Singapore |
Any |
M/s Sumitomo Corporation and M/s Petrochem Middle East FZE, UAE |
147.15 |
MT |
USD |
8. |
2914 11 00 |
Acetone |
Singapore |
Singapore |
Any combination of producer and exporter other than at SI. No. 6 and 7 |
240.06 |
MT |
USD |
9. |
2914 11 00 |
Acetone |
Singapore |
Any country other than Singapore |
Any |
Any |
240.06 |
MT |
USD |
10. |
2914 11 00 |
Acetone |
Any country other than subject countries |
Singapore |
Any |
Any |
240.06 |
MT |
USD |
11. |
2914 11 00 |
Acetone |
South Africa |
South Africa |
M/s Sasol Solvents |
M/s Sasol Solvents |
141.95 |
MT |
USD |
12. |
2914 11 00 |
Acetone |
South Africa |
South Africa |
Any combination of producer and exporter other than at SI. No. 11 |
179.65 |
MT |
USD |
13. |
2914 11 00 |
Acetone |
South Africa |
Any country other than South Africa |
Any |
Any |
179.65 |
MT |
USD |
14. |
2914 11 00 |
Acetone |
Any country other than subject countries |
South Africa |
Any |
Any |
179.65 |
MT |
USD |
15. |
2914 11 00 |
Acetone |
United States of America |
United States of America |
Any |
Any |
213.76 |
MT |
USD |
16. |
2914 11 00 |
Acetone |
United States of America |
Any country other than United States of America |
Any |
Any |
213.76 |
MT |
USD |
17. |
2914 11 00 |
Acetone |
Any country other than subject countries |
United States of America |
Any |
Any |
213.76 |
MT |
USD |
18. |
2914 11 00 |
Acetone |
European Union |
European Union |
Any |
Any |
277.85 |
MT |
USD |
19. |
2914 11 00 |
Acetone |
European Union |
Any country other than European Union |
Any |
Any |
277.85 |
MT |
USD |
20. |
2914 11 00 |
Acetone |
Any country other than subject countries |
European Union |
Any |
Any |
277.85 |
MT |
USD |
- The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, that is, the 19th June, 2007, 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.
(Unmesh Wagh) Under secretary to the Government of India [F.No.354/65/2007 –TRU]
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