Chang Chun Plastics Chinese Taipei in Acetone Case

Ntfn 44 Whereas in the matter of import
27.05.2011 of Acetone (hereinafter referred to
(DoR) as the subject goods), falling under
sub-heading 29141100 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the Chinese Taipei (hereinafter referred to as the subject country) and imported into India, the designated authority vide its final findings, in notification No. 14/04/2006-DGAD, dated 4th January 2008 published in the Gazette of India, Extraordinary, Part I, Section I, dated the 4th January, 2008 had come to the conclusion that-

(i) the subject goods of all types, originating in or exported from the subject country has been exported to India below normal value, resulting in dumping;

(ii) the domestic industry has suffered material injury; and

(iii) material injury has been caused by dumped imports from the subject country,

and recommended imposition of anti-dumping duty on all imports of the subject goods from subject country in order to remove the injury to the domestic industry;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods, vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 33/2008-Customs, dated the 11th March, 2008, published in Part II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary, dated the 11th March, 2008 [G.S.R. 174 (E), dated the 11th March, 2008];

And whereas, M/s Chang Chun Plastics Co. Ltd, Chinese Taipei has requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 in respect of exports of the subject goods made by them, and the designated authority, vide new shipper review notification No. 15/30/2010-DGAD dated the 20th April, 2011 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th April 2011, has recommended provisional assessment of all exports of the subject goods made by the above stated party till the completion of the review by it;

Now therefore, in exercise of the powers conferred by sub-rule (2) of rule 22 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 recommendation of the designated authority, hereby orders that pending the outcome of the said review by the designated authority, the subject goods, when exported by M/s Chang Chun Plastics Co. Ltd, Chinese Taipei and imported into India, shall be subjected to provisional assessment till the review is completed.

2. The provisional assessment may be subject to such security or guarantee as the proper officer of customs deems fit for payment of the deficiency, if any, in case a definitive anti- dumping duty is imposed retrospectively, on completion of investigation by the designated authority.

3. In case of recommendation of anti-dumping duty after completion of the said review by the designated authority, the importer shall be liable to pay the amount of such anti-dumping duty recommended on review and imposed on all imports of subject goods exported by, M/s Chang Chun Plastics Co. Ltd, Chinese Taipei and imported into India, from the date of initiation of the said review.

[F. No. 354/ 65/2007-TRU] (Pt-1)