Anti-dumping Duty on Morpholine from China, EU and
USA – Final Findings – See Ntfn 18-ADD/18.05.2015 for Final Duty
Ntfn 10-ADD Whereas,
in the matter of import of Morpholine
24.01.2012 (hereinafter referred to
as the subject goods), falling
(DoR) under tariff item
29333917of the First Schedule to the
Customs Tariff Act,
1975 (51 of 1975) (hereinafter referred
to as the said Customs Tariff Act), originating in,
or exported from, China PR, European Union and the United States of America
(hereinafter referred to as the subject countries) and imported into India, the
designated authority vide its preliminary findings No. 14/41/2010-DGAD dated
the 9th August, 2011, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 9th August, 2011, had
come to the conclusion that-
(a) the
subject goods had been exported to India from the subject countries below its
normal value;
(b) the
domestic industry had suffered material injury in respect of the subject goods;
(c) the
material injury to the domestic industry had been caused by the dumped imports
of the subject goods from the subject countries,
and had recommended imposition of provisional
anti-dumping duty on the imports of 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 had imposed provisional
anti-dumping duty on the subject goods, vide notification of the
Government of India in the Ministry of Finance (Department of Revenue),
No.91/2011–Customs, dated the 20th September, 2011, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide
number G.S.R. 699(E), dated the 20th September, 2011;
And whereas, the designated authority in its final
findings vide notification No.14/41/2010 -DGAD, dated the 5th
December, 2011, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 5th December, 2011, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 5th December,
2011, had come to the conclusion that-
(a) the
subject goods had been exported to India from the subject countries below its
normal value;
(b) the
domestic industry had suffered material injury in respect of the subject goods;
(c) the
material injury to the domestic industry had been caused by the dumped imports
of the subject goods from the subject countries,
and has recommended the imposition of
definitive anti-dumping duty on imports of the subject goods originating in or
exported from the subject countries;
Now, therefore, in exercise of the powers conferred
by sub-section (1) of section 9A of the said 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, 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 sub-heading of the First Schedule to the said 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), and exported
from the countries as specified in the corresponding entry in column (5), and
produced by the producers as specified in the corresponding entry in column
(6), and 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 per unit of
measurement as specified in the corresponding entry in column (9) of the said
Table.
Table
|
SNo |
Tariff
item |
Description
of goods |
Country
of origin |
Country
of exports |
Producer |
Exporter |
Amount |
Unit
of measurement |
Currency |
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
|
1 |
29333917 |
Morpholine |
China
PR |
China
PR |
M/s
Anhui Haoyuan Chemical Group Co. Ltd |
M/s
Anhui Haoyuan Chemical Group Co. Ltd |
0.29 |
Kg |
US
dollar |
|
|
2 |
29333917 |
Morpholine |
China
PR |
China
PR |
Any
other than combination at Sr. No.1 |
0.63 |
Kg |
US
dollar |
||
|
3 |
29333917 |
Morpholine |
Any
country other than the subject countries |
China
PR |
Any |
Any |
0.63 |
Kg |
US
dollar |
|
|
4 |
29333917 |
Morpholine |
China
PR |
Any
country other than the subject countries |
Any |
Any |
0.63 |
Kg |
US
dollar |
|
|
5 |
29333917 |
Morpholine |
European
Union |
European
Union |
M/s BASF SE |
M/s BASF SE |
0.35 |
Kg |
US
dollar |
|
|
6 |
29333917 |
Morpholine |
European
Union |
European
Union |
Any other than combination at Sr. No.5 |
0.68 |
Kg |
US
dollar |
||
|
7. |
29333917 |
Morpholine |
Any
country other than the subject countries |
European
Union |
Any |
Any |
0.68 |
Kg |
US
dollar |
|
|
8. |
29333917 |
Morpholine |
European
Union |
Any
country other than the subject countries |
Any |
Any |
0.68 |
Kg |
US
dollar |
|
|
9. |
29333917 |
Morpholine |
USA |
USA |
M/s Huntsman Petrochemical Corporation |
M/s Huntsman Petrochemical Corporation |
0.50 |
Kg |
US
dollar |
|
|
10. |
29333917 |
Morpholine |
USA |
USA |
Any other than combination at Sr. No.9 |
0.81 |
Kg |
US
dollar |
||
|
11. |
29333917 |
Morpholine |
USA |
Any
country other than the subject countries |
Any |
Any |
0.81 |
Kg |
US
dollar |
|
|
12. |
29333917 |
Morpholine |
Any
country other than the subject countries |
USA |
Any |
Any |
0.81 |
Kg |
US
dollar |
|
2. The
anti-dumping duty imposed shall be levied for a period of five years (unless
revoked, superseded or amended earlier) from the date of imposition of the
provisional anti-dumping duty, that is, 20th September, 2011 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 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]