Date – 29 May 2021
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY PART II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS
NEW DELHI
[F. No. CBIC-190354/31/2021-TO(TRU-I)-CBEC]
NOTIFICATION NO 31/2021-Customs (ADD), Dated: May 29, 2021
G.S.R. 350(E).- Whereas, the designated authority, vide notification No. 7/40/2020-DGTR, dated the 30th September, 2020, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of ‘Methyl Acetoacetate’ (hereinafter referred to as the subject goods) falling under Chapter 29 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 (hereinafter referred to as the subject country), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 22/2016-Customs (ADD), dated the 31st May, 2016, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 566(E), dated the 31st May, 2016.
And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject country, the designated authority in its final findings, published vide notification No. 7/40/2020-DGTR, dated the 3rd May, 2021, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-
(i) imports from the subject country in relation to total imports, demand and production continued to be significant despite anti-dumping duty in existence and the dumping and injury margins determined for the period of investigation are positive;
(ii) the imports without adding the existing anti-dumping duty are undercutting the prices of the domestic industry;
(iii) the excess capacity in the subject country is likely to increase and the landed value of imports is below the net selling price of the domestic industry in the period of investigation;
(iv) there is likelihood of dumping of the subject goods from the subject country and consequent injury to the domestic industry in the event of cessation of the current anti-dumping duty that is in force on the import of the subject goods originating in or exported from the subject country;
and has recommended continued imposition of anti-dumping duty on the subject goods, originating in or exported from the subject countries.
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 Antidumping 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 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 antidumping duty at the rate equal to the amount as specified in the corresponding entry in column (7), as per unit of measurement as specified in the corresponding entry in column (8) and in the currency as specified in the corresponding entry in column (9) of the said Table, namely:-
TABLE
S. No. | Tariff item | Description of goods | Country of origin | Country of export | Producer | Duty amount | Unit of measurement | Currency |
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
1. | 2914 69 90, 2915 39 10, 2915 39 40, 2915 39 99, 2918 30 40 2918 30 90, 2918 99 90 or 2933 19 99 | Methyl Acetoacetate | China PR | Any country including China PR | Nantong Acetic Acid Chemical Co., Ltd. | 0.277 | Kg | USD |
2. | 2914 69 90, 2915 39 10, 2915 39 40, 2915 39 99, 2918 30 40 2918 30 90, 2918 99 90 or 2933 19 99 | Methyl Acetoacetate | China PR | Any country including China PR | Any other than at Sl. No. 1. | 0.404 | Kg | USD |
3. | 2914 69 90, 2915 39 10, 2915 39 40, 2915 39 99, 2918 30 40 2918 30 90, 2918 99 90 or 2933 19 99 | Methyl Acetoacetate | Any other than China PR | China PR | Any | 0.404 | Kg | USD |
2. The anti-dumping duty imposed under this notification shall be effective 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 paid in Indian currency.
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.
(Gaurav Singh)
Dy. Secy.