Custom imposes anti dumping duty on Phthalic Anhydride

Custom department has imposed anti dumping duty on Phthalic Anhydride. Custom department has issued a notification no. 58/2012 dated 24 December 2012 about imposing anti dumping duty on Phthalic Anhydride. Anti dumping duty is the tool with which the importer of specified goods need to pay more duty and it will cost higher to them. This duty is mainly to save domestic industries from international competition. Full notification is as under.

Notification No.58/2012-Customs (ADD)

            New Delhi, the 24th December, 2012
            G.S.R. _(E). –WHEREAS  in the matter of Phthalic Anhydride (hereinafter referred to as the subject goods), falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, KoreRPTaiwan (Chinese Taipei) and Israel (hereinafter referred to as the subject countries),and imported into India, the designated authority in its final findings published in the Gazette of India, Extraordinary, Part I, Section 1,vide notification No. 14/1/2011-DGAD, dated the 28th September, 2012, had come to the conclusion that –

(i)     the subject goods have been exported to India from the subject countries below its associated normal value, except in the cases wherein the dumping margin habeen found to be negative;

(ii)    the domestic industry has suffered material injury in respect of the subject goods;

(iii)   the injury has been caused by the dumped imports of the subject goods from   subject countries.

AND WHEREAS, the designated authority in its aforesaid findings, has 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;

          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, 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 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 produced by the producer as specified in the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by the exporter 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  indicated 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.


Tariff Item
Description
Country
Country
Producer
Exporter
Amount US$/MT
of goods
of Origin
of Export

Phthalic
Korea RP
Korea RP
M/s
M/s
NIL
  2917 35 00
Anhydride
AekyungPetro
chemical
HumadeCorporation


Co., Ltd


Phthalic
Korea RP
Any other
Any
Any
91.12
2917 35 00
Anhydride
Than
Subject
countries

Phthalic
Any other
Korea RP
Any
Any
91.12
  2917 35 00
Anhydride
Than
Subject
countries

Phthalic
Taiwan
Taiwan
Nan Ya
Nan Ya
63.33
2917 35 00
Anhydride
Plastics
Corporation
Plastics
Corporation

Phthalic
Taiwan
Any other
Any
Any
150.88
  2917 35 00
Anhydride
Than
Subject
countries

Phthalic
Any other
Taiwan
Any
Any
150.88
2917 35 00
Anhydride
Than
Subject
countries

Phthalic
Israel
Israel
Gadiv
Gadiv
17.99
  2917 35 00
Anhydride
Petro
Chemical
Industries Ltd.
Petro
Chemical
Industries Ltd.

Phthalic
Any other
Israel
Any
Any
139.76
2917 35 00
Anhydride
Than
Subject
countries

Phthalic
Israel
Any other than
Any
Any
139.76
  2917 35 00
Anhydride
Subject
countries

 2.         The anti-dumping duty imposed under this notification shall be levied for a period of five years (unless revoked, amended or superseded earlier) from the date of publication of this notification in the Gazette of India and shall 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, under section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for 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.
 Keywords-anti dumping duty,what is anti dumping duty,anti dumping duty on phthalic anhydride, custom notification no 58/2012
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