[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.105/2007-Customs
New Delhi, dated the 19th September, 2007
G.S.R. (E). - Whereas in the matter of import of phenol (hereinafter referred to as the subject goods), falling under tariff item 2707 99 00 or 2907 11 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the United States of America (USA), Korea RP and Taiwan (hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No. 14/5/2006-DGAD dated the 29th August, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th August, 2007, has come to the conclusion that –
(a)
the subject goods have been exported to India from the subject countries
below its normal value;
(b)
the domestic industry has suffered material injury;
(c) the injury has been caused by the dumped imports from subject countries ; and
has
recommended imposition of provisional anti-dumping duty on the imports of
subject goods, originating in or exported from the subject country;
Now,
therefore, in exercise of the powers conferred by sub-section (2) of section 9A
of the said Customs Tariff Act, read with rules 13 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 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 specified in the corresponding entry in
column (4), and exported from the countries specified in the corresponding entry
in column (5) and produced by the producers specified in the corresponding entry
in column (6) and exported by the exporters specified in the corresponding entry
in column (7), and imported into India, an anti-dumping duty at the rate
equal to the amount indicated 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 |
Tariff
item |
Description
of goods |
Country
of origin |
Country
of export |
Producer |
Exporter
|
Duty
Amount |
Unit
of Measurement |
Currency |
|
1 |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1 |
2707
99 00 or 2907 11 10 |
Phenol |
United
States of America (USA) |
Any |
Any |
Any |
181 |
MT |
USD |
|
2 |
2707
99 00 or 2907 11 10 |
Phenol |
Any
country other than Korea RP and Taiwan |
United
States of America (USA) |
Any |
Any
|
181 |
MT |
USD |
|
3 |
2707
99 00 or 2907 11 10 |
Phenol |
Taiwan |
Any |
Any |
Any |
137 |
MT |
USD |
|
4 |
2707
99 00 or 2907 11 10 |
Phenol |
Any
country other than United States of America and Korea RP |
Taiwan |
Any |
Any |
137 |
MT |
USD |
|
5 |
2707
99 00 or 2907 11 10 |
Phenol |
Korea
RP |
Any |
Any |
Any |
196 |
MT |
USD |
|
6 |
2707
99 00 or 2907 11 10 |
Phenol |
Any
country other than Taiwan and United States of America |
Any |
Any |
Any |
196 |
MT |
USD |
2.
The anti-dumping duty imposed
under this notification shall be effective upto and inclusive of the 18th
March, 2008, 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 sub-clause (i)
of clause (a) of sub-section (3) of 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.354/137/2007-TRU
(G.G. Pai)
Under
Secretary to the Government of India.