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Core Purpose

Notification by the Ministry of Finance (Department of Revenue) imposing definitive anti-dumping duty on imports of Para-Tertiary Butyl Phenol (PTBP) originating in or exported from Korea RP, Singapore and the United States of America under section 9A of the Customs Tariff Act, 1975.

Detailed Summary

Issued by the Ministry of Finance, Department of Revenue, New Delhi, dated 14th March 2024 (Notification No. 04/2024-Customs (ADD), G.S.R. 198(E)), this notification imposes anti-dumping duty on "Para-Tertiary Butyl Phenol (PTBP)" (tariff item 2907 19 40 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)) originating in or exported from Korea RP, Singapore and the United States of America, following the designated authority's final findings in notification F. No. 6/14/2022-DGTR, dated 20th December 2023, which found the goods were dumped below normal value, materially retarding domestic industry establishment and undercutting domestic prices. Duty is imposed under sub-sections (1) and (5) of section 9A of the Customs Tariff Act 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, at specified per-metric-tonne USD rates ranging from 208 to 881 depending on producer and country of origin/export (e.g., SI Group Korea Ltd. at USD 208/MT, other Korea RP producers at USD 357/MT, SI Group Inc. of the USA at USD 790/MT, other USA producers at USD 881/MT, and Singapore-origin goods at USD 349/MT), for a period of five years from publication unless revoked, superseded or amended earlier, payable in Indian currency at the exchange rate applicable under section 14 of the Customs Act, 1962 (52 of 1962) as of the bill-of-entry presentation date under section 46. The notification is signed by Nitish Karnatak, Under Secretary, under file reference CBIC-190354/24/2024-TRU Section-CBEC.

Full Text

1944 GI/202 4 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 185] NEW DELHI, THURSDAY , MARCH 1 4, 2024 /PHALGUNA 24, 1945 CG-DL-E-14032024-253014 1 2 3 4 5 6 7 8 9 1 2907 MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 14th March , 2024 No. 04/2024 -Customs (ADD) G.S.R. 198(E).—Whereas, in the matter of “Para -Tertiary Butyl Phenol (PTBP)” (hereinafter referred to as the subject goods), falling under tariff item 2907 19 40 of the First Schedule o f the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in, or exported from Korea RP, Singapore and the United States of America (hereinafter referred to as the subject countries) and imported into Indi a, the designated authority in its final findings, vide notification F. No. 6/14/2022 -DGTR, dated the 20th December, 2023 , published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th December, 2023 , has come to the conclusion, inter alia that- (i) the product under consideration has been exported to India at a price below normal value, thus resulting in dumping; (ii) the dumping of the subject goods has materially retarded the establishment of domestic industry in India; (iii) the landed price of imports is below the level of selling price of the domestic industry and is undercutting the prices of the domestic industry, and has recommended imposition of 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 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 subje ct goods, the description of which is specified in column (3) of the Table below, falling under the 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), and imported into India, an anti -dumping duty at the rate equal to the amount as specified in the corresponding entry in column (7), in the currency as specified in the corresponding entry in column (9) and as per unit of measurement as specified in the corresponding entry in column (8) of the said Table , namely : - TABLE Sl. No. Tariff item Description Country of Origin Country of Export Producer Amount Unit Currenc y (1) (2) (3) (4) (5) (6) (7) (8) (9) 1 2907 19 40 Para-Tertiary Butyl Phenol (PTBP) Korea RP Any country, including Korea RP SI Group Korea Ltd. 208 MT USD 2 -do- -do- Korea RP Any country including Korea RP Any producer other than (1) 357 -do- -do- 3 -do- -do Any country other than Korea RP, USA and Singapore Korea RP Any 357 -do- -do 4 -do- -do- USA Any country including USA SI Group Inc. 790 -do- -do- 5. -do- -do- USA Any country including USA Any producer other than (4) 881 -do- -do- 6. -do- -do Any country other than Korea RP, USA and Singapore USA Any 881 -do- -do- 7. -do- -do Singapore Any country including Singapore Any 349 -do- -do- 8. -do- -do Any country other than Korea RP, USA and Singapore Singapore Any 349 -do- -do 2. The anti -dumping duty imposed under this notification shall be levied for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be payable in Indian currency. Explanation .- For the purposes of this notification, rate of exchange applicable for the purpose of c alculation 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. CBIC -190354/ 24/2024 -TRU Section -CBEC] NITISH KARNATAK , Under Sec y. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Pub lished by the Controller of Publications, Delhi -110054.

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