Anti-dumping Duty on Coumarin from China – Final Findings After CESTAT Review Maintains Old Rate

[Customs Notification No. 12 (ADD) dated 8^th February 2012]

Whereas, in the matter of imports of Coumarin (hereinafter referred to as the subject goods), falling under Tariff Item 2932 21 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said 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 final findings vide Notification No.14/17/2009-DGAD, dated the 7th July, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th July, 2010, had come to the conclusion that-

(a) the product under consideration had been exported to India from the subject country below normal values;

(b) the domestic industry had suffered material injury on account of imports from subject country;

and had recommended imposition of definitive 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 definitive anti-dumping duty on the subject goods vide Notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 82/2010-Customs, dated the 20^th August, 2010, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.695 (E), dated the 20^th August, 2010;

And whereas, the Designated Authority, pursuant to the order of the Customs Excise & Service Tax Appellate Tribunal, dated 17^th June, 2011, vide its final findings Notification No. 14/17/2009-DGAD dated the 23^rd December, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23^rd December, 2011, had once again come to the conclusion that-

(a) the subject goods had been exported to India from the subject country below normal values;

(b) the domestic industry had suffered material injury on account of subject imports from subject country;

and had recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported, from the subject country;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said 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, in supersession of Notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 82/2010-Customs, dated the 20^th August, 2010, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.695 (E), dated the 20^th August, 2010, except as respects things done or omitted to be done on such supersession, 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 said Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4), and produced by the producer as specified in the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by the exporter as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at a rate which is equivalent to difference between the amount mentioned 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 and the landed value of imported goods in like currency as per like unit of measurement:-

Table

Sl.No.	Tariff item	Description of goods	Country of origin	Country of export	Producer	Exporter	Amount	Unit of measurement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1	2932 21 00	Coumarin of all types	People’s Republic of China	People’s Republic of China	Yinghai (Cangzhou) Aroma Chemical Co. Ltd.	Yinghai (Cangzhou) Aroma chemical Co. Ltd.	14.02	Kg.	US Dollar
2	2932 21 00	Coumarin of all types	People’s Republic of China	People’s Republic of China	Any combination of producer and exporter other than at Sl. No. 1 above		14.02	Kg.	US Dollar
3	2932 21 00	Coumarin of all types	People’s Republic of China	Any country other than People’s Republic of China	Any	Any	14.02	Kg.	US Dollar
4	2932 21 00	Coumarin of all types	Any country other than People’s Republic of China	People’s Republic of China	Any	Any	14.02	Kg.	US Dollar

2. The anti-dumping duty imposed 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, 23^rd March, 2010 and shall be payable in Indian currency.

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 Customs Tariff Act, 1975;

(b) rate of exchange applicable for the purposes of calculation of 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), in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the Customs Act, 1962 (52 of 1062) .

[F.No.354/22/2010 –TRU (Pt-I)]