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Core Purpose

Notification imposing continued anti-dumping duty on imports of Meta Phenylene Diamine originating in or exported from China PR, under section 9A of the Customs Tariff Act, 1975, pursuant to sunset review findings.

Detailed Summary

The Ministry of Finance (Department of Revenue) issued notification No. 01/2024-Customs (ADD), G.S.R. 41(E), dated 15th January 2024, imposing anti-dumping duty on imports of "Meta Phenylene Diamine" (falling under tariff items 2921 51 20 or 2921 51 90 of the First Schedule to the Customs Tariff Act, 1975) originating in or exported from China PR, in supersession of the earlier notification No. 5/2019-Customs (ADD) dated 24th January 2019 (G.S.R. 46(E)). The notification follows a sunset review initiated by the designated authority via notification No. 7/06/2023-DGTR dated 30th June 2023 under sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, and final findings issued vide notification No. 7/06/2023-DGTR dated 23rd October 2023, which concluded that dumped imports from China PR continued to cause injury to the domestic industry, with likelihood of continuation and intensification of dumping and injury if the existing duty were allowed to lapse, and recommended continued imposition of the duty. Acting under sub-sections (1) and (5) of section 9A read with rules 18, 20 and 23 of the 1995 Rules, the Central Government imposed anti-dumping duty as follows: USD 1.50 per metric tonne on Meta Phenylene Diamine originating in China PR, exported from any country including China PR, produced by Zhejiang Amino-Chem Co., Ltd; USD 1.71 per metric tonne on the same goods originating in China PR and exported from any country including China PR, produced by any other producer; and USD 1.71 per metric tonne on goods originating in any country other than China PR but exported from China PR, produced by any producer. The duty is levied for five years from the date of publication (unless revoked, superseded, or amended earlier), payable in Indian currency, with the applicable exchange rate as notified under section 14 of the Customs Act, 1962 (52 of 1962), determined as of the date of presentation of the bill of entry under section 46 of that Act. The notification is issued under F. No. CBIC-190354/255/2023-TRU and signed by Nitish Karnatak, Under Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-15012024-251352 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 35] NEW DELHI, MONDAY, JANUARY 15, 2024/PAUSHA 25, 1945 MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 15th January, 2024 No. 01/2024-Customs (ADD) G.S.R. 41(E). Whereas, the designated authority, vide notification number 7/06/2023-DGTR, dated the 30th June, 2023, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th June, 2023, had initiated the review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), and read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on imports of “Meta Phenylene Diamine” (hereinafter referred to as the subject goods) falling under tariff item(s) 2921 51 20 or 2921 51 90 of the First Schedule to the Customs Tariff Act, originating in or exported from China PR (hereinafter referred to as the subject country) imposed vide notification of the Government of India, Ministry of Finance (Department of Revenue), number 5/2019-Customs (ADD), dated the 24th January, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 46(E), dated the 24th January, 2019; And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, the designated authority in its final findings, published vide notification number 7/06/2023-DGTR, dated the 23rd October, 2023, published in the Gazette of India, Extraordinary, Part-I, Section 1, dated the 23rd October, 2023, has come to the conclusion that- (i) the imports from the subject country have remained substantial in absolute terms as well as relative to the domestic industry's production and in the Indian demand, even though the volume has declined slightly since the original investigation; (ii) the production, sales, capacity utilization of the domestic industry is adversely impacted on account of dumped imports; (iii) dumped imports from subject country are causing injury to the domestic industry; (iv) there is likelihood of not only continuation but also intensification of dumping and consequent injury to the Indian industry in the event of cessation of the existing anti-dumping duties at this stage, and has recommended continued imposition of the anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, 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 read with rules 18, 20 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, Ministry of Finance (Department of Revenue), number 5/2019-Customs (ADD), dated the 24th January, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 46(E), dated the 24th January, 2019, 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(s) of the First Schedule to the 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), exported from the country as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), an anti-dumping duty at the rate equal to the amount as indicated in the corresponding entry in column (7), in the currency as specified in the corresponding entry in column (8) and as per unit of measurement as specified in the corresponding entry in column (9) of the said Table, namely :- +-----+-----------+-----------------------------------+-------------------+-------------------+------------------------------+--------+----------+---------------+ | Sl. | Tariff | Description of | Country | Country of | Producer | Amount | Currency | Unit of | | No. | Item(s) | goods | of origin | export | | | | Measurement | +=====+===========+===================================+===================+===================+==============================+========+==========+===============+ | (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | +-----+-----------+-----------------------------------+-------------------+-------------------+------------------------------+--------+----------+---------------+ | | 29215120 | Meta | | Any country | Zhejiang | | | | | 1. | or | Phenylene Diamine* | China PR | including | Amino-Chem | 1.50 | USD | MT | | | 29215190 | | | China PR | Co., Ltd | | | | +-----+-----------+-----------------------------------+-------------------+-------------------+------------------------------+--------+----------+---------------+ | | | | | Any country | Any producer | | | | | 2. | -do- | -do- | China PR | including | other than | 1.71 | USD | MT | | | | | | China PR | serial | | | | | | | | | | number 1 | | | | +-----+-----------+-----------------------------------+-------------------+-------------------+------------------------------+--------+----------+---------------+ | | | | Any | | | | | | | 3. | -do- | -do- | Country | China | Any | 1.71 | USD | MT | | | | | other than | PR | | | | | | | | | China PR | | | | | | +-----+-----------+-----------------------------------+-------------------+-------------------+------------------------------+--------+----------+---------------+ *Meta Phenylene Diamine, also known as m- Phenylene Diamine, 1,3- diaminobenzene, 1, 3- Benzenediamine, m- Aminoaniline, mBenzenediamine, m- Diaminobenzene, 1,3-Phenylenediamine, 3- Aminoaniline, mFenylendiamin, Phenylenediamine, and m-Aminoaline, Phenylenediamine meta. 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 calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, 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-190354/255/2023-TRU] NITISH KARNATAK, Under Secy.

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