Notification No. 08/2021-Customs (ADD), dt. 19-02-2021: Seeks to impose definitive anti-dumping duty on imports of Aniline originating in or exported from China PR for a period of five years from the date of levy of provisional anti-dumping duty, i.e. 29th July, 2020.
G.S.R.—(E).- – Whereas, in the matter of “Aniline” (hereinafter referred to as the subject goods), falling under tariff sub-heading 2921 41 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 (hereinafter referred to as the subject country) and imported into India, the designated authority in its preliminary findings vide notification No. 6/42/2019-DGTR, dated the 12th June, 2020, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12th June, 2020, had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from the subject country.
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 with effect from 29th July, 2020 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 20/2020-Customs (ADD), dated the 29th July, 2020, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 474 (E), dated the 29th July, 2020.
And, whereas, the designated authority in its final findings vide notification No. 6/42/2019-DGTR, dated the 20th January, 2021, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th January, 2021, while confirming the preliminary findings, dated the 12th June, 2020, has come to the conclusion that,-
(i) the product under consideration has been exported to India from the subject country below its normal value;
(ii) the Domestic Industry has suffered material injury;
(iii)material injury has been caused by the dumped imports of subject goods from the subject country.
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 sub-heading 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:-
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 imposition of the provisional anti-dumping duty, that is, the 29th July, 2020, and shall be payable in Indian currency:
Provided that the said anti-dumping duty shall not be levied for the period commencing from the date of the lapse of the provisional anti-dumping duty, that is, the 29th January, 2021 up to the preceding day of the publication of this notification in the Official Gazette.
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.
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