Melamine from China – Final Findings
Ntfn 107 Whereas,
in the matter of import of
16.11.2004 Melamine (hereinafter
referred to as
the subject goods),
falling under tariff item 2933 61 00 of the First Schedule to the Customs
Tariff Act,1975 (51 of 1975), originating in, or exported from, the People’s
Republic of China, the designated authority, vide its preliminary findings
notification No. 14/16/2003-DGAD, dated the 27th
February, 2004, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 1st March,
2004, had come to the conclusion that-
(a) the subject goods,
in all forms, originating in, or exported from, the People’s Republic of China,
have been exported to India below its normal value;
(b) the domestic industry
has suffered material injury by way of financial losses due to suppressed Net
Sales Realisation o account of price undercutting/underselling caused by low
landed prices of the dumped subject goods;
(c) the injury has
been caused to the domestic industry by dumping of the subject goods,
originating in or exported from, the People’s Republic of China,
and had recommended
imposition of provisional anti-dumping duty on imports of the subject goods,
originating in, or exported from, the People’s Republic of China;
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. 53/2004-Customs, dated the 2nd April, 2004, [G.S.R. 250(E), dated the 2nd April, 2004], published in Part II, Section 3, Sub-section (i) of
the Gazette of India, Extraordinary, dated the 2nd April, 2004;
And
whereas, the designated authority, vide its final findings notification No.
14/16/2003-DGAD, dated the 3rd September,
2004, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 3rd September, 2004, has come to the conclusion that –
(a) the subject goods,
in all forms, originating in, or exported from, the People’s Republic of China
have been exported to India, below its normal value;
(b) the domestic
industry has also suffered material injury by way of financial losses due to
suppressed Net Sales Realisation on account of price undercutting/underselling
caused by low landed prices of the dumped subject goods;
(c) the injury to the
domestic industry has been caused by dumping of the subject goods, originating
in, or exported from, the People’s Republic of China;
and
has also recommended the imposition of definitive anti-dumping duty on all
imports of the subject goods, originating in, or exported from, the People’s
Republic of China;
Now, therefore, in
exercise of the powers conferred by sub-section (1), read with sub-section (5)
of section 9A of the said Customs Tariff Act and 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), the specification of which is specified in column (4) of the
said Table, originating in the countries as specified in the corresponding
entry in column (5), and produced by the producers as specified in the
corresponding entry in column (7), when exported from the countries as
specified in the corresponding entry in column (6), by the exporters as
specified in the corresponding entry in column (8), and imported into India, an
anti-dumping duty at a rate which is equivalent to the difference between, the
amount as specified in the corresponding entry in column (9), in the currency
as specified in the corresponding entry in column (11) and per unit of
measurement as specified in the corresponding entry in column (10), of the said
Table, and the landed value of such imported goods in like currency per like
unit of measurement.
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, i.e. the 2nd April, 2004, and shall be paid in Indian currency.
This notification shall remain in force upto and inclusive of the 1st April, 2010, unless the notification is revoked earlier. [Inserted by 06/15.01.2009; Amended by 114/01.10.2009]
Explanation
-For the purposes of this notification,-
(a) "landed
value" means the assessable value as determined under the Customs Act,
1962 (52 of 1962) and includes all duties of customs except duties levied under
sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(b) 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 sub-clause (i) of clause (a) of sub-section (3) of
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.
Table
|
S No. |
Tariff item |
Description of
goods |
Specification |
Country of
origin |
Country of
Export |
Producer |
Exporter |
Amount |
Unit of
Measure-ment |
Currency |
|
1. |
2933 61 00 |
Melamine |
Melamine |
People’s Republic of China |
People’s Republic of China |
Tianjin Kaiwei Chemical Co. Ltd. |
Tianjin Kaiwei Chemical Co. Ltd. |
1284.38 |
Metric tonne |
US Dollar |
|
2. |
2933 61 00 |
Melamine |
Melamine |
People’s Republic of China |
People’s Republic of China |
Tianjin Kaiwei Chemical Co. Ltd. |
Any exporter other than Tianjin Kaiwei Chemical Co. Ltd. |
1456.78 |
Metric tonne |
US Dollar |
|
3. |
2933 61 00 |
Melamine |
Melamine |
People’s Republic of China |
People’s Republic of China |
Any producer other than Tianjin Kaiwei Chemical Co. Ltd. |
Any exporter other than Tianjin Kaiwei Chemical Co. Ltd. |
1456.78 |
Metric tonne |
US Dollar |
|
4. |
2933 61 00 |
Melamine |
Melamine |
People’s Republic of China |
Any country other than People’s Republic of China |
Tianjin Kaiwei Chemical Co. Ltd. |
Any exporter |
1456.78 |
Metric tonne |
US Dollar |
|
5. |
2933 61 00 |
Melamine |
Melamine |
People’s Republic of China |
Any country other than People’s Republic of China |
Any producer other than Tianjin Kaiwei Chemical Co. Ltd. |
Any exporter |
1456.78 |
Metric tonne |
US Dollar |
|
6. |
2933 61 00 |
Melamine |
Melamine |
Any country other
than People’s Republic of China |
People’s Republic of
China |
Any producer |
Any exporter |
1456.78 |
Metric tonne |
US Dollar |