GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.92 /2011-Customs
New Delhi, dated the 20th September, 2011
G.S.R. (E). – Whereas, the designated authority vide notification No.
15/21/2010-DGAD, dated the 9th August, 2010, published in Part I, Section 1 of
the Gazette of India, Extraordinary, dated the 9th August, 2010, had initiated
review, in terms of sub-section (5) of section 9A of the Customs Tariff Act,
1975 (51 of 1975) 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 (hereinafter referred to
as the said rules), in the matter of continuation of anti-dumping duty on Rubber
Chemical PX-13 (6PPD) (hereinafter referred to as the subject goods) falling
under Chapters 29 and 38 of the First Schedule to the Customs Tariff Act 1975,
(51 of 1975), originating in, or exported from, Korea RP (hereinafter referred
to as the subject country), imposed vide notification of the Government of India
in the Ministry of Finance (Department of Revenue),
No.133/2008-Customs, dated
the 12th December, 2008, published in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-section (i), vide number G.S.R.853 (E), dated the 12th
December, 2008;
And whereas, in the matter of Mid-term review of anti-dumping on import of
the subject goods, originating in, or exported from, the subject country, the
designated authority vide its final findings No. 15/21/2010-DGAD dated the 5th
August, 2011, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 5th August, 2011, had come to the conclusion that-
(i) the subject goods were entering the Indian market from the subject
country at dumped prices and dumping margins of the subject goods imported from
the subject country was significant and above de-minimis. The subject goods
continue to be exported to India at dumped prices in spite of existing anti
dumping duties;
(ii) though the situation of the domestic industry had improved due to
existing anti-dumping duties, it is noted that price undercutting and price
underselling were significant from the subject country. Hence, injury to the
domestic industry is likely to recur in case the present anti-dumping duties are
not modified.
and had recommended continuation of anti-dumping duty, at modified rates,
against imports of the subject goods, originating in, or exported from, the
subject country, so as 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, 1975 (51 of 1975) read with rules
18 and 23 of the said rules, the Central Government, after considering the
aforesaid 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 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 as specified in the corresponding entry in column (4), and exported from
the country as specified in the corresponding entry in column (5), and produced
by the producer as specified in the corresponding entry in column (6), and
exported by the exporter as specified in the corresponding entry in column (7),
and imported into India, an anti-dumping duty which shall be equal to the amount
mentioned 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
| S. No |
Sub-heading |
Description of goods
|
Country of origin |
Country of export |
Producer |
Exporter |
Duty amount |
Unit |
Currency |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
| 1 |
292519
292520
293420
381210
381212
381220
381230
|
PX-13 (6PPD) having chemical description
N-(1,3-dimethyl butyl)-N” phenyl-P-1 or 6C, Pilfex 13, Sirantox 4020 Antioxident 4020, Kumhonax 13 Vulcanox
4020 etc. |
Korea RP |
Korea RP |
Kumho
petrochemicalsCompany Ltd. |
Kumho petrochemicalsCompany Ltd. |
36.23 |
Kg |
INR |
| 2 |
292519
292520
293420
381210
381212
381220
381230
|
PX-13 (6PPD) having chemical description
N-(1,3-dimethyl butyl)-N” phenyl-P-1 or 6C, Pilfex 13, Sirantox 4020 Antioxident 4020, Kumhonax 13 Vulcanox
4020 etc. |
Korea RP |
Korea RP |
Any combination of Producer and Exporter
other than at 1 above |
42.99 |
Kg |
INR |
| 3 |
292519
292520
293420
381210
381212
381220
381230
|
PX-13 (6PPD) having chemical description
N-(1,3-dimethyl butyl)-N” phenyl-P-1 or 6C, Pilfex 13, Sirantox 4020 Antioxident 4020, Kumhonax 13 Vulcanox
4020 etc. |
Korea RP |
Any Country |
Any other than above |
Any other than above |
42.99 |
Kg |
INR |
| 4 |
292519
292520
293420
381210
381212 381220 381230
|
PX-13 (6PPD) having chemical description
N-(1,3-dimethyl butyl)-N” phenyl-P-1 or 6C, Pilfex 13, Sirantox 4020 Antioxident 4020, Kumhonax 13 Vulcanox
4020 etc. |
Any country other than China PR and EU
|
Korea RP |
Any other than above |
Any other than above |
42.99 |
Kg |
INR |
2. The anti-dumping duty imposed under this notification shall be effective
from the date of publication of this notification in the Official Gazette and up
to and inclusive of 4th May, 2013 and will be paid 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.
(Sanjeev Kumar Singh)
Under Secretary to the Government of India.
[F. No.354/32/2008-TRU (Pt-I)]