[TO BE
PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA,
EXTRAORDINARY]
GOVERNMENT
OF INDIA
MINISTRY
OF FINANCE
(DEPARTMENT
OF REVENUE)
Notification
No. 18/2015-Customs (ADD)
New Delhi, the 18th May, 2015
G.S.R. (E). – Whereas, in the matter of Morpholine
(hereinafter referred to as the subject goods) falling
under tariff item 2933 39 17 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating
in or exported from the People’s Republic of China, European Union and the
United States of America (hereinafter referred to as the subject countries), and imported into India, the designated authority, vide
notification No. 14/4/2010-DGAD, dated the 5th December, 2011, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 5th December, 2011, had recommended imposition of
definitive anti-dumping duty on the 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 has
imposed definitive ant-dumping duty on the subject goods ,
originating in or exported from the subject countries, vide notification of the Government of India, in the Ministry
of Finance (Department of Revenue) No. 10/2012-Customs (ADD), dated the
24th January, 2012, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R. 43(E), dated the 24th January, 2012;
And whereas, in
the matter of mid- term review of anti-dumping duty on import of the subject
goods, originating in or exported from the subject countries, the designated authority in its final findings, published vide notification No. 15/5/2013-DGAD,
dated the 19th February, 2015, in Gazette of India,
Extraordinary, Part I, Section 1, has come to the conclusion that-
(i)
in spite of the anti-dumping duty in force,
the dumping of subject goods continued from the People’s Republic of China,
injuring the domestic industry;
(ii)
although during the period of investigation,
dumping effect from European Union was negative, during post- period of
investigation, dumping from European Union recurred, causing injury to the
domestic industry;
(iii)
imports of subject goods from the United
States of America have no dumping or injury effect on the domestic industry;
(iv)
while, dumping of subject goods having
injurious effect on the domestic industry continued from the People’s Republic
of China, the dumping from European Union is likely to recur in the event of
revocation of the duties;
(v)
there is a likelihood of continuation or
recurrence of dumping of the subject goods, originating in or exported from the
subject countries except the United States of America, and consequent injury to
the domestic industry, in the event of revocation of the anti-dumping duties,
and has recommended continued imposition
of the anti-dumping duty on the subject goods, originating in or exported from
the subject
countries except the United States of America, with some modifications.
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 23
of the Customs Tariff (Identification, Assessment and Collection of
Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995, and
in supersession of the notification of the Government
of India, in the Ministry of Finance (Department of Revenue) No. 10/2012-Customs
(ADD), dated the 24th January, 2012, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section
(i) vide number G.S.R. 43(E), dated the 24th January, 2012,
except as respects things done or omitted to be done before such supersession, 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 as per unit of measurement as
specified in the corresponding entry in column (9) of the said Table, namely:-
Table
|
Sl. No. |
Tariff item |
Description of
goods |
Country of origin |
Country of exports |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1 |
2933 39 17 |
Morpholine |
People’s Republic
of China |
People’s Republic
of China |
M/s Anhui Haoyuan Chemical Group Co. Ltd |
M/s Anhui Haoyuan Chemical Group Co. Ltd |
0.29 |
Kg |
US Dollar |
|
2 |
2933 39 17 |
Morpholine |
People’s Republic
of China |
People’s Republic
of China |
Any other than
combination at Sl. No.1 |
0.63 |
Kg |
US Dollar |
|
|
3 |
2933 39 17 |
Morpholine |
Any country other
than the People’s Republic of China and European Union |
People’s Republic
of China |
Any |
Any |
0.63 |
Kg |
US Dollar |
|
4 |
2933 39 17 |
Morpholine |
People’s Republic
of China |
Any country other
than the People’s Republic of China and European Union |
Any |
Any |
0.63 |
Kg |
US Dollar |
|
5 |
2933 39 17 |
Morpholine |
European Union |
European Union |
Any |
Any |
0.68 |
Kg |
US Dollar |
|
6. |
2933 39 17 |
Morpholine |
Any country other
than the People’s Republic of China and European Union |
European Union |
Any |
Any |
0.68 |
Kg |
US Dollar |
|
7. |
2933 39 17 |
Morpholine |
European Union |
Any country other
than the People’s Republic of China and European Union |
Any |
Any |
0.68 |
Kg |
US Dollar |
2. The anti-dumping
duty imposed under this notification shall remain in force up to and inclusive of the 19th day of September, 2016 (unless
revoked, superseded or amended earlier).
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.
[F.No. 354/239/2011-TRU (Pt.-I)]
(Akshay Joshi)
Under Secretary to the Government of India