Anti-dumping Duty on Purified Terephthalic Acid (PTA) from Korea and Thailand to Continue for Another Five Years

· No Change in Duty Rates

[Notification No. 28/2019-Customs (ADD) dated 24 July 2019]

Whereas, the designated authority, vide notification No.7/36/2018 DGTR, dated the 31^st October, 2018, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31^st October, 2018, had initiated the review in term of sub-section (5) of section 9 A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act) and in pursuance of 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 ‘Purified Terephthalic Acid’ (hereinafter referred to as the subject goods), falling under the tariff item 2917 36 00 of the First Schedule to the Customs Tariff Act, originating in or exported from Korea RP and Thailand (hereinafter referred to as the subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 23/2015- Customs (ADD) dated the 27^th May, 2015 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 429 (E), dated the 27^th May, 2015;

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 No.7/36/2018-DGAD, dated the 28^th June, 2019 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28^th June, 2019, has come to the conclusion that-

(1) there is continued dumping of the subject goods and the imports are likely to enter the Indian market at dumped prices in the event of expiry of duty;

(2) the parameters such as significant dumping margin, injury margin, significant volume of imports, positive price undercutting, price attractiveness of the Indian market, low return on investment earned by the domestic industry and surplus capacities of the exporters, collectively and cumulatively shows that injury to the domestic industry is likely in the event of cessation of duty and the situation of domestic industry is likely to deteriorate if the existing anti-dumping duties are allowed to cease;

(3) the deterioration in the performance of the domestic industry is likely because of dumped imports from the subject country and thus, the anti-dumping duties are required to be extended;

(4) the domestic industry has itself sought continued imposition of duty and the authority concludes that it is appropriate to continue the same level of anti-dumping duty as imposed earlier in the original investigation.

And whereas it has been recommended the imposition of definitive anti-dumping duty on the imports of subject goods, originating in or exported from the subject country 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, 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, 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 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), 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 specified in the corresponding entry in column (9) of the said Table.

Duty Table

Sl. No.

Tariff Item

Description of Goods

Country of Origin

Country of Export

Producer

Exporter

Amount

Unit

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

2917 36 00

Purified Terephthalic Acid*

Korea RP

Hanwha General Chemical Co., Ltd.

Hyosung TNC Corporation

27.32

USD

2917 36 00

Purified Terephthalic Acid*

Korea RP

Taekwang Industrial Co., Ltd.

23.61

USD

2917 36 00

Purified Terephthalic Acid*

Korea RP

Any combination other than mentioned in S. No. 1 & 2 above.

78.28

USD

2917 36 00

Purified Terephthalic Acid*

Korea RP

Any country

Any

78.28

USD

2917 36 00

Purified Terephthalic Acid*

Any country other than those subject to anti- dumping duty.

Korea RP

Any

78.28

USD

2917 36 00

Purified Terephthalic Acid*

Thailand

Indorama Petrochem Ltd.

45.43

USD

2917 36 00

Purified Terephthalic Acid*

Thailand

TPT Petrochemicals Public Co. Ltd.

45.43

USD

2917 36 00

Purified Terephthalic Acid*

Thailand

Any combination other than mentioned in S. No. 6 & 7 above.

62.55

USD

2917 36 00

Purified Terephthalic Acid*

Thailand

Any country

Any

62.55

USD

10.

2917 36 00

Purified Terephthalic Acid*

Any country other than those subject to anti- dumping duty

Thailand

Any

62.55

USD

*Including variants of PTA, namely, Medium Quality Terephthalic Acid (MTA) and Qualified Terephthalic Acid (QTA)

2. The anti-dumping duty imposed shall be effective 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 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 Act.

[F. No. 354/95/2015 –TRU (Pt. I)]