Another Five Years of Anti-dumping Duty on Methylene Chloride from EU, USA and Korea – Final Findings

No Changes in Duty

Ntfn 24-ADD     Whereas, in the matter of “Methylene Chloride” also known as “Dichloromethane” (hereinafter referred to as the subject goods), falling under
21.05.2014       Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in,
(DoR)                 or exported from, the European Union, United States of America and Korea RP (hereinafter referred to as the subject countries) and imported
                            into India, the designated authority in its preliminary findings vide notification No. 14/19/2012-DGAD dated 6th September, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th September, 2013, 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. 24/2013 – Customs (ADD), dated 21st October, 2013, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 696 (E), dated the 21st October, 2013;

And, whereas, the designated authority in its final findings vide notification No. 14/19/2012-DGAD dated 2nd April, 2014 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd April, 2014, had come to the conclusion that-

(a) The subject goods have been exported to India from the subject countries below their normal value;

(b) The domestic industry has suffered material injury on account of subject imports from the subject countries;

and had 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-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, on the basis of 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 sub-heading 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), 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 as per unit of measurement as specified in the corresponding entry in column (9), of the said Table.

Table
SNo	Sub-heading	Description of goods	Country of origin	Country of Export	Producer	Exporter	Amount	Unit	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1	2903 12	Dichloromethane (Methylene Chloride)	European Union	European Union	M/s. Akzo Nobel Industrial Chemicals B.V, Netherlands	M/s. Akzo Nobel Industrial Chemicals B.V, Netherlands	0.32	Kg	US Dollar
2	2903 12	Dichloromethane (Methylene Chloride)	European Union	European Union	Any producer or exporter other than combination at Serial Number 1		0.36	Kg	US Dollar
3	2903 12	Dichloromethane (Methylene Chloride)	Any country other than subject countries	European Union	Any	Any	0.36	Kg	US Dollar
4	2903 12	Dichloromethane (Methylene Chloride)	European Union	Any country other than subject countries	Any	Any	0.36	Kg	US Dollar
5	2903 12	Dichloromethane (Methylene Chloride)	United States of America	United States of America	Any	Any	0.33	Kg	US Dollar
6	2903 12	Dichloromethane (Methylene Chloride)	Any country other than subject countries	United States of America	Any	Any	0.33	Kg	US Dollar
7	2903 12	Dichloromethane (Methylene Chloride)	United States of America	Any country other than subject countries	Any	Any	0.33	Kg	US Dollar
8	2903 12	Dichloromethane (Methylene Chloride)	Korea RP	Korea RP	Any	Any	0.21	Kg	US Dollar
9	2903 12	Dichloromethane (Methylene Chloride)	Any country other than subject countries	Korea RP	Any	Any	0.21	Kg	US Dollar
10	2903 12	Dichloromethane (Methylene Chloride)	Korea RP	Any country other than subject countries	Any	Any	0.21	Kg	US Dollar

2. The anti-dumping duty imposed under this notification shall be effective 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, 21st October, 2013 and shall be payable in Indian currency.

3. In pursuance of the recommendations of the designated authority in the review initiated vide notification No. 7/15/2018-DGAD, dated the 3rd May, 2018, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd May, 2018, in the matter of continuation of anti- dumping duty on imports of ‘Methylene Chloride’ originating in or exported from European Union and United States of America, notwithstanding anything contained in paragraph 2, this notification shall remain in force, unless revoked, suspended or amended earlier, up to and inclusive of the 20th October 2019.

[Para 3 inserted by 38-ADD/02.08.2018]

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.354/199/2013-TRU]