Seeks to levy definitive anti-dumping duty on Melamine, originating in, or exported from the People’s Republic of China, for a period of five years - 2/2016 - Anti Dumping Duty

GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 2/2016-Customs (ADD) New Delhi, the 28th January, 2016 G.S.R. 122 (E). Whereas, the designated authority, vide notification No. 15/17/2014-DGAD, dated the 9th December, 2014, 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 Melamine (hereinafter referred to as the subject goods) falling under tariff item 2933 61 00 of 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 the People s Republic of China (hereinafter referred to as the subject country), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 10/2010-Customs, dated the 19th February, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 91(E), dated the 19th February, 2010 ; And whereas, the Central Government had extended the period of imposition of anti-dumping duty on the subject goods, originating in or exported from the subject country upto and inclusive of the 18th February, 2016 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 02/2015-Customs (ADD), dated the 7th January, 2015, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R 16(E), dated the 7th January, 2015 ; 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. 15/17/2014-DGAD, dated the 5th December, 2015, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that (i) there is continued dumping of the subject goods from the subject country; (ii) these dumped imports continue to cause injury to the domestic industry; (iii) in the event of revocation or cessation of anti-dumping duties, dumping of subject goods from subject country and injury to domestic market is likely to continue or intensify, 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 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 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), exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount as specified 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, namely:- Table S.No Tariff item Description of goods Country of origin Country of export Producer Exporter Amount Unit Currency (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 1. 2933 61 00 Melamine People s Republic of China People s Republic of China Any Any 331.10 MT US Dollar 2. 2933 61 00 Melamine Any country other than those subject to anti-dumping duty People s Republic of China Any Any 331.10 MT US dollar 3. 2933 61 00 Melamine People s Republic of China Any country other than those subject to anti-dumping duty Any Any 331.10 MT US Dollar 1 [ 4. 2933 61 00 Melamine People s Republic of China China PR M/s. Kuitun Jinjiang Chemical Industry Co. Ltd. M/s Foshan Kaisino Building Material Co. Ltd. 319.04 MT US$ 5. 2933 61 00 Melamine People s Republic of China China PR M/s. Kuitun Jinjiang Chemical Industry Co. Ltd. Any other than M/s Foshan Kaisino Building Material Co. Ltd. 331.10 MT US$ 6. 2933 61 00 Melamine People s Republic of China Any country other than China PR M/s. Kuitun Jinjiang Chemical Industry Co. Ltd. Any 331.10 MT US$ ] 2 [ Explanation- For the purposes of this notification, all the provisional assessments made under notification No. 11/2018-Customs (ADD), dated the 20th March, 2018, shall be finally assessed under the entries specified in the above Table. ] 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. 3 [ 3. Notwithstanding anything contained in paragraph 2, the anti-dumping duty imposed under this notification shall remain in force up to and inclusive of the 5 [ 30th September, 2021 ] , unless revoked, superseded or amended earlier. ] 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 [F.No. 354/28/2004-TRU (Pt.-I)] (Anurag Sehgal) Under Secretary to the Government of India ********* Notes 1. Inserted vide Notification No. 34/2019-Customs (ADD) dated 06-09-2019 2. Inserted vide Notification No. 34/2019-Customs (ADD) dated 06-09-2019 3. Inserted vide NOTIFICATION NO. 1/2021 -Customs (ADD) dated 06-01-2021 4. Substituted vide Notification No. 10/2021-Customs (ADD) dated 25-02-2021 before it was read as 28th February, 2021 5. Substituted vide Notification No. 19/2021-Customs (ADD) dated 31-03-2021 before it was read as 4 [ 31st March, 2021 ]