Acetone from EU, USA and Others – Final Findings – See Ntfn 10-ADD/11.03.2014 for Details

Ntfn 33         Whereas, in the matter of import of
11.03.2008    Acetone (hereinafter referred to as
                    the subject goods), falling under tariff item 2914 11 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union, Chinese Taipei, Singapore, South Africa 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. 14/4/2006-DGAD dated the 25
th April, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th April, 2007, 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;

(c) the injury had been caused by the dumped imports from 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. 77/2007-CUSTOMS, dated the 19th June, 2007, published in the Gazette of India vide number G.S.R. 436(E), dated the 19th June, 2007;

And whereas, the designated authority in its final findings vide notification No. 14/4/2006 -DGAD, dated the 4th January, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4th January, 2008, has come to the conclusion that-

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

(b) the domestic industry has suffered material injury;

(c) the injury has been caused by the dumped imports from 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-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), 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 goods, the description of which is specified in column (3) of the Table below, falling under tariff item 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

S No

Tariff Item

Description of Goods

Country

Country of origin

Producer of export

Exporter

Amount

Unit of Measur- ement

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

1.

2914 11 00

Acetone

Chinese Taipei

Chinese Taipei

Formosa Chemicals and Fibre Corp.

Formosa Chemicals and Fibre Corp.

89.42

MT

USD

2.

2914 11 00

Acetone

Chinese Taipei

Chinese Taipei

M/s Taiwan Prosperity Chemical Ltd Corporation.

M/s Taiwan Prosperity Chemical Ltd Corporation.

87.14

MT

USD

3

2914 11 00

Acetone

Chinese Taipei

Chinese Taipei

Any combination of producer and exporter other than at Sl. No. 1 and 2

201.27

MT

USD

4

2914 11 00

Acetone

Chinese Taipei

Any country other than Chinese Taipei

Any

Any

201.27

MT

USD

5.

2914 11 00

Acetone

Any country other than subject countries

Chinese Taipei

Any

Any

201.27

MT

USD

[SNos. 1 to 5 omitted by 29-ADD/29.05.2012 – Taiwan out of Acetone Anti-dumping Net after review]

6.

2914 11 00

Acetone

Singapore

Singapore

Any

M/s Mitsui and Co. Ltd.

158.11

MT

USD

7.

2914 11 00

Acetone

Singapore

Singapore

Any

M/s Sumitomo Corporation and M/s Petrochem Middle East FZE, UAE

147.15

MT

USD

8.

2914 11 00

Acetone

Singapore

Singapore

Any combination of producer and exporter other than at SI. No. 6 and 7

240.06

MT

USD

9.

2914 11 00

Acetone

Singapore

Any country other than Singapore

Any

Any

240.06

MT

USD

10.

2914 11 00

Acetone

Any country other than subject countries

Singapore

Any

Any

240.06

MT

USD

11.

2914 11 00

Acetone

South Africa

South Africa

M/s Sasol Solvents

M/s Sasol Solvents

141.95

MT

USD

12.

2914 11 00

Acetone

South Africa

South Africa

Any combination of producer and exporter other than at SI. No. 11

179.65

MT

USD

13.

2914 11 00

Acetone

South Africa

Any country other than South Africa

Any

Any

179.65

MT

USD

14.

2914 11 00

Acetone

Any country other than subject countries

South Africa

Any

Any

179.65

MT

USD

15.

2914 11 00

Acetone

United States of America

United States of America

Any

Any

213.76

MT

USD

16.

2914 11 00

Acetone

United States of America

Any country other than United States of America

Any

Any

213.76

MT

USD

17.

2914 11 00

Acetone

Any country other than subject countries

United States of America

Any

Any

213.76

MT

USD

18.

2914 11 00

Acetone

European Union

European Union

Any

Any

277.85

MT

USD

19.

2914 11 00

Acetone

European Union

Any country other than European Union

Any

Any

277.85

MT

USD

20.

2914 11 00

Acetone

Any country other than subject countries

European Union

Any

Any

277.85

MT

USD

[In the table, SNo. 2 amended by 60/10.06.2009]

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, that is, the 19th June, 2007, and shall be payable in Indian currency.

3.    Notwithstanding anything contained herein above, this notification shall remain in force up to and inclusive of the 18th day of June, 2013, unless revoked earlier. [Inserted by 37-ADD/19.07.2012]

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.354/65/2007 –TRU]