Notification No. 47/2003-Cus Dated 24-03-2003

Imposition of Anti-dumping duty on Phenol, originated in, or exported from, South Africa, Singapore and European Union.- WHEREAS in the matter of import of Phenol, falling under tariff item 2707 60 00 or sub-heading 2907 11 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, South Africa, Singapore and European Union, the designated authority vide its preliminary findings notification No.14/4/2002-DGAD dated the 24th June, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th June, 2002, had determined that -

(a) Phenol had been exported to India from South Africa, Singapore and European Union below its normal value;

(b) the Indian industry had suffered material injury;

(c) the injury had been caused by the dumped imports from South Africa, Singapore and European Union;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Phenol vide notification of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), No. 79/2002–Customs, dated the 13th August, 2002, [G.S.R. 557 (E), dated the 13th August, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 13th August, 2002;

AND WHEREAS the designated authority, vide its final findings notification No.14/4/2002-DGAD dated the 13th February, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th February, 2003, has determined that –

(a) Phenol has been exported to India from South Africa, Singapore and European Union below its normal value;

(b) the Indian industry has suffered material injury;

(c) the injury has been caused by the dumped imports from South Africa, Singapore and European Union;

and has recommended the imposition of definitive anti-dumping duty on all imports of the said Phenol, originating in, or exported from, South Africa, Singapore and European Union;

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and 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, on the basis of the aforesaid final findings of the designated authority, hereby imposes on all imports of Phenol, falling under tariff item 2707 60 00 or sub-heading 2907 11 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country or territory specified in column (2) of the Table given below, when exported by producers/exporters specified in column (3) of the said Table, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (4) of the said Table and the landed value, in US $ per metric tonne, of such imported Phenol.

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 13th August, 2002, and shall be paid in Indian currency.

Explanation. - For the purposes of this notification, -

(a) "landed value" means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; and

(b) 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 and Company Affairs (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 said Customs Act, 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.