USA Out of Morpholine
Anti-dumping Net in Mid Term Review, China and EU Continue on Hit List
[Customs Notification No. 18
(ADD) dated 18th May 2015]
Whereas, in the matter of Morpholine (hereinafter referred to as the subject goods) falling
under tariff item 2933 39 17 of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act),
originating in or exported from the People’s Republic of China, European Union
and the United States of America (hereinafter referred to as the subject
countries), and imported into India, the designated authority, vide
notification No. 14/4/2010-DGAD, dated the 5th December, 2011, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 5th December,
2011, had recommended imposition of definitive anti-dumping duty on the 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 has
imposed definitive ant-dumping duty on the subject goods ,
originating in or exported from the subject countries, vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 10/2012-Customs (ADD), dated the 24th January, 2012, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 43(E), dated the 24th January, 2012;
And whereas, in the matter of
mid- term review of anti-dumping duty on import of the subject goods,
originating in or exported from the subject countries, the designated authority
inits final findings, published vide
notification No. 15/5/2013-DGAD, dated the 19th February, 2015, in Gazette of
India, Extraordinary, Part I, Section 1, has come to the conclusion that-
(i) in
spite of the anti-dumping duty in force, the dumping of subject goods continued
from the People’s Republic of China, injuring the domestic industry;
(ii) although during the period of investigation, dumping effect from
European Union was negative, during post- period of investigation, dumping from
European Union recurred, causing injury to the domestic industry;
(iii) imports of subject goods from the United States of America have
no dumping or injury effect on the domestic industry;
(iv) while,
dumping of subject goods having injurious effect on the domestic industry
continued from the People’s Republic of China, the dumping from European Union
is likely to recur in the event of revocation of the duties;
(v) there
is a likelihood of continuation or recurrence of dumping of the subject goods,
originating in or exported from the subject countries except the United States
of America, and consequent injury to the domestic industry, in the event of
revocation of the anti-dumping duties,
and has recommended continued
imposition of the anti-dumping duty on the subject goods, originating in or
exported from the subject countries except the United States of America,
with some modifications.
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 23 of the Customs Tariff (Identification,
Assessment and Collection of Anti-dumping Duty on Dumped Articles and for
Determination of Injury) Rules, 1995, and in supersession of the notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 10/2012-Customs (ADD), dated the 24th January, 2012, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R. 43(E), dated the 24th January, 2012, except as respects things done
or omitted to be done before such supersession, 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 as per
unit of measurement as specified in the corresponding entry in column (9) of
the said Table, namely:-
|
Table |
|||||||||
|
Sl. No. |
Tariff item |
Description of goods |
Country of origin |
Country of exports |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1 |
2933 39 17 |
Morpholine |
People’s Republic of China |
People’s Republic of China |
M/s AnhuiHaoyuanChemical
Group Co. Ltd |
M/s AnhuiHaoyuanChemical
Group Co. Ltd |
0.29 |
Kg |
US Dollar |
|
2 |
2933 39 17 |
Morpholine |
People’s Republic of China |
People’s Republic of China |
Any other than combination at Sl. No.1 |
0.63 |
Kg |
US Dollar |
|
|
3 |
2933 39 17 |
Morpholine |
Any country other than the People’s Republic of China
and European Union |
People’s Republic of China |
Any |
Any |
0.63 |
Kg |
US Dollar |
|
4 |
2933 39 17 |
Morpholine |
People’s Republic of China |
Any country other than the People’s Republic of China and
European Union |
Any |
Any |
0.63 |
Kg |
US Dollar |
|
5 |
2933 39 17 |
Morpholine |
European Union |
European Union |
Any |
Any |
0.68 |
Kg |
US Dollar |
|
6. |
2933 39 17 |
Morpholine |
Any country other than the People’s Republic of China and
European Union |
European Union |
Any |
Any |
0.68 |
Kg |
US Dollar |
|
7. |
2933 39 17 |
Morpholine |
European Union |
Any country other than the People’s Republic of China
and European Union |
Any |
Any |
0.68 |
Kg |
US Dollar |
2. The anti-dumping duty imposed under this notification shall
remain in force up to and inclusive of the 19th day of
September, 2016 (unless revoked, superseded or amended earlier).
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.
354/239/2011-TRU (Pt.-I)]