Seeks to levy anti dumping duty on imports of Phthalic Anhydride (PAN) originating in or exported from China PR, Indonesia, Korea RP and Thailand for a period of five years- Notification No. 43/2021 -Customs (ADD)
G.S.R.—(E).- – Whereas, in the matter of “Phthalic Anhydride” (hereinafter referred to as the subject goods), falling under tariff item 2917 35 00 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 China PR, Indonesia, Korea RP and Thailand (hereinafter referred to as the subject countries) and imported into India, the designated authority in its final findings vide notification No. 6/16/2020-DGTR, dated the 19th May, 2021, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th May, 2021, has come to the conclusion that-
(i) the product under consideration has been exported at a price below normal value, thus resulting in dumping;
(ii) the domestic industry has suffered material injury;
(iii) there is causal link between dumping of product under consideration and injury to the domestic industry, and has recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from the subject countries 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 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, 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 the 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), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (7), in the currency as specified in the corresponding entry in column (9) and as per unit of measurement as specified in the corresponding entry in column (8) of the said Table, namely:-
| S.No. | Tariff item | Description of subject goods | Country of origin | Country of export | Producer | Amount | Unit | Currency |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| 1. | 29173500 | Phthalic Anhydride | China PR | Any country including China PR | Any | 40.08 | MT | US$ |
| 2. | 29173500 | Phthalic Anhydride | Any country other than Indonesia, Korea RP and Thailand | China PR | Any | 40.08 | MT | US$ |
| 3. | 29173500 | Phthalic Anhydride | Indonesia | Any country including Indonesia | P.T. Petrowidada | 59.83 | MT | US$ |
| 4. | 29173500 | Phthalic Anhydride | Indonesia | Any country including Indonesia | Any other | 90.11 | MT | US$ |
| 5. | 29173500 | Phthalic Anhydride | Any country other than China PR, Korea RP and Thailand | Indonesia | Any | 90.11 | MT | US$ |
| 6. | 29173500 | Phthalic Anhydride | Korea RP | Any country including Korea RP | Aekyung Petrochemical | 41.26 | MT | US$ |
| 7. | 29173500 | Phthalic Anhydride | Korea RP | Any country including Korea RP | Hanwha Solution Corporation | 41.64 | MT | US$ |
| 8. | 29173500 | Phthalic Anhydride | Korea RP | Any country including Korea RP | Any other | 140.17 | MT | US$ |
| 9. | 29173500 | Phthalic Anhydride | Any country other than China PR, Indonesia and Thailand | Korea RP | Any | 140.17 | MT | US$ |
| 10. | 29173500 | Phthalic Anhydride | Thailand | Any country including Thailand | Continental Petrochemicals Co Limited | 63.06 | MT | US$ |
| 11. | 29173500 | Phthalic Anhydride | Thailand | Any country including Thailand | Any other | 134.91 | MT | US$ |
| 12. | 29173500 | Phthalic Anhydride | Any country other than China PR, Korea RP and Indonesia | Thailand | Any | 134.91 | MT | US$ |
Provided that in respect of goods originating in or exported from Korea RP where duty of customs leviable under First Schedule to the Customs Tariff Act (hereinafter referred to as the said customs duty) is paid in accordance with notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 152/2009-Customs, dated the 31st December, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i) vide number G.S.R. 943 (E), dated the 31st December, 2009, the anti-dumping duty under this notification shall apply in such cases where the said customs duty is less than the amount indicated in Column 7 of the table above and in such cases, the anti-dumping duty imposed under this notification shall be equal to the difference between the said amount and the said customs duty.
2. The anti-dumping duty imposed under this notification shall be levied 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 purpose 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.
