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Untitled Document

[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

NOTIFICATION NO

28/2022-Customs (ADD), Dated: September 21, 2022

G.S.R. 717(E).- Whereas, the designated authority, vide notification No. 7/26/2021-DGTR, dated the 27th August, 2021, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th August, 2021, had initiated the review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on imports of "Toluene Di-isocyanate" (hereinafter referred to as the subject goods) falling under tariff item 2929 10 20 of the First Schedule to the Customs Tariff Act, originating in or exported from China PR, Japan and Korea RP (hereinafter referred to as the subject countries) initially imposed vide notification of the Government of India, Ministry of Finance (Department of Revenue), No. 25/2017-Customs (ADD), dated the 5th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 555(E), dated the 5th June, 2017;

And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in or exported from the subject countries, the designated authority in its final findings, published vide notification No. 7/26/2021-DGTR, dated the 24th June, 2022, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th June, 2022, has come to the conclusion that-

(i) there is continued dumping of the subject goods from the subject countries and the imports are likely to enter the Indian market at dumped prices in the event of cessation of duty;

(ii) dumped imports from subject countries are causing injury to the domestic industry;

(iii) the information on record shows likelihood of continuation of dumping and injury in case the anti-dumping duty in force is allowed to cease at this stage;

(iv) there is sufficient evidence to indicate that the revocation of the anti-dumping duty at this stage will lead to continuation of dumping and injury to the domestic industry,

and has recommended continued imposition of the anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, 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, 1975 read with rules 18, 20 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 super-session of the notification of the Government of India, Ministry of Finance (Department of Revenue), No. 3/2018-Customs (ADD), dated the 23rd January, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 61(E), dated the 23rd January, 2018, 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 following Table, 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 country as specified in the corresponding entry in column (4), exported from the country as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), an anti-dumping duty at the rate equal to the amount as indicated in the corresponding entry in column (7), in the currency as specified in the corresponding entry in column (8) 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 Export
Producer
Amount
Unit
Currency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
1. 29291020 Toluene Diisocyanate China PR Any country including China PR Covestro Polymers (China) Co., Limited
0.26
Kg
US$
2.
-do-
-do-
China PR Any country including China PR Wanhua Chemical Group Co., Ltd.
0.26
Kg
US$
3.
-do-
-do-
Any country other than the subject countries Any country including China PR Any producer other than producer at Sl. No. 1 and 2 above
0.26
Kg
US$
4.
-do-
-do-
Korea RP China PR Any
0.26
Kg
US$
5.
-do-
-do-
Korea RP Any country including Korea RP Hanwha Solutions Corporation
0.22
Kg
US$
6.
-do-
-do-
Korea RP Any country including Korea RP BASF Company Limited
0.31
Kg
US$
7.
-do-
-do-
Korea RP Any country including Korea RP Any producer other than producer at Sl. No. 5 and 6 above
0.44
Kg
US$
8.
-do-
-do-
Any country other than the subject countries Korea RP Any
0.44
Kg
US$
9.
-do-
-do-
Japan Any country including Japan Any
0.15
Kg
US$
10.
-do-
-do-
Any other than the subject countries Japan Any
0.15
Kg
US$

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, 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. CBIC-190354/121/2022-TRU]

(Nitish Karnatak)
Under Secy

[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

NOTIFICATION NO

27/2022-Customs (ADD), Dated: September 21, 2022

G.S.R. 716(E).- Whereas, in the matter of 'Hydrofluorocarbon (HFC) Component R-32' (hereinafter referred to as the subject goods), originating in or exported from China PR (hereinafter referred to as the subject country), falling under tariff sub-heading 2903 39 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), and imported into India, the designated authority in its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification number 6/33/2020-DGTR, dated the 23rd September, 2021, had come to the conclusion that -

(i) the subject goods have been exported to India from the subject country below its normal value, resulting in dumping;

(ii) the domestic industry had suffered material injury due to dumping of the product under consideration from the subject country;

(iii) the material injury had been caused by the dumped imports of the subject goods from subject country, and had recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in or exported from the subject country and imported into India, in order to remove injury to the domestic industry;

And whereas, on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed the anti-dumping duty on the subject goods, vide notification of the Government of India, Ministry of Finance (Department of Revenue), No. 75/2021-Customs (ADD), published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 874(E), dated the 21st December, 2021;

And whereas, Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd. and Zhejiang Quhua Fluor- Chemistry Co., Ltd. requested the designated authority for changing the name of cooperating producer from M/s Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd. to M/s Zhejiang Quhua Fluor-Chemistry Co., Ltd. in the duty table of the final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification number 6/33/2020-DGTR, dated the 23rd September, 2021;

And whereas, the designated authority, vide notification No. 07/04/2022-DGTR, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9th May, 2022, has come to the conclusion that the request falls within the category of name change only and there is no change in the ownership in a manner that alters the basic nature of the business and recommended that the name of the producer viz. "Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd" be amended to "Zhejiang Quhua Fluor-Chemistry Co., Ltd." in its final findings notification No. 6/33/2020-DGTR, dated the 23rd September, 2021;

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 notification No. 07/04/2022-DGTR of the Designated Authority, hereby makes the following amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue), No. 75/2021-Customs (ADD), published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 874(E), dated the 21st December, 2021, namely:-

In the said notification, in the Table, against serial number 2, in Column 6, for the entry, the entry "Zhejiang Quhua Fluor-Chemistry Co., Ltd." shall be substituted.

[F. No. CBIC-190354/244/2021-TO(TRU-I)-CBEC]

(Nitish Karnatak)
Under Secy