Supersedes notification No. 10/2012- Customs (ADD), dated the 24th January, 2012 so as to withdraw levy of anti-dumping duty on imports of morpholine, originating in or exported from USA

[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

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