[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)
Notification No. 98/2007-Customs
New Delhi, dated the 31
st
August, 2007
G.S.R.(E). - Whereas in the matter of import of phenol (hereinafter referred to as the subject goods), falling under erstwhile tariff
item 2707 60 00 or sub-heading 2907 11 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, South Africa, Singapore and European Union (hereinafter referred to as the subject countries), the designated
authority in its preliminary findings vide notification No. 14/4/2002-DGAD dated the 24
th
June, 2002, published in the Gazette
of India, Extraordinary, Part I, Section 1, dated the 24
th
June, 2002 had come to the conclusion that -
(a) phenol had been exported to India from South Africa, Singapore and European Union below its normal value;
(b) the Indian industry had suffered material injury;
(c) the injury had been caused to by the dumped imports from South Africa, Singapore and European Union;
And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-
dumping duty on the subject goods vide notification of the Government of India in the erstwhile Ministry of Finance and
Company Affairs (Department of Revenue), No. 79/2002-Customs, dated the 13
th
August, 2002, [G.S.R. 557(E), dated the 13
th
August, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 13
th
August,
2002;
And whereas the designated authority, in its final findings vide notification No.14/4/2002-DGAD, dated the 13
th
February,
2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13
th
February, 2003, had come to the
conclusion that-
(a) phenol had been exported to India from South Africa, Singapore and European Union below its normal value;
(b) the Indian industry had suffered material injury;
(c) the injury had been caused to by the dumped imports from South Africa, Singapore and European Union;
and had recommended the imposition of definitive anti-dumping duty on all imports of subject goods originating in, or exported
from the subject countries.;
And whereas on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed final
anti-dumping duty on the subject goods vide notification of the Government of India in the erstwhile Ministry of Finance and
Company Affairs (Department of Revenue), No 47/2003-Customs, dated the 24
th
March, 2003, G.S.R 233 (E ) , dated the 24
th
March, 2003, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 24
th
March,
2003;
And whereas the designated authority, in its final findings in mid-term review, vide notification No. 15/4/2006-DGAD, dated the
13
th
July, 2007, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 13
th
July, 2007, has come to the
conclusion that-
(a) the subject goods originating in or exported from the subject countries have been exported to India below their
normal value, resulting in dumping;
(b) the domestic industry has suffered material injury due to dumped imports;
(c) discontinuation of anti-dumping duties on the subject goods from subject countries may result in continuation of
dumping and continuance or intensification of injury to the domestic industry.
and has recommended continued imposition of definitive anti-dumping duty on all imports of the subject goods originating in, or
exported from, the subject countries;
And whereas, the designated authority vide notification No. 15/9/2007-DGAD, dated the 10
th
August, 2007, published in Part
I, Section 1 of the Gazette of India, Extraordinary, dated the 11
th
August, 2007, has initiated review, in terms of sub-section (5)
of section 9A of the Customs Tariff Act, 1975 (51 of 1975) 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 (hereinafter
referred to as the said rules), in the matter of continuation of anti-dumping duty on subject goods, originating in, or exported
from, the subject countries imposed vide notification of the Government of India in the erstwhile Ministry of Finance and
Company Affairs (Department of Revenue), No 47/2003-Customs, dated the 24
th
March, 2003, G.S.R 233(E ) , dated the 24
th
March, 2003, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 24
th
March,
2003;
And whereas, the designated authority has requested for extension of anti-dumping duty on import of subject goods, originating
in, or exported from, the subject countries for a period of one year from the date of its expiry, in terms of sub-section (5) of
section 9A of the said Customs Tariff Act, pending the completion of the review
Now, therefore, in exercise of the powers conferred by sub sections (1) and (5) of section 9A of the said 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 and in supersession of the notification of the Government of India in the
erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 47/2003-Customs, dated the 24
th
March,
2003, G.S.R 233 (E ) , dated the 24
th
March, 2003,except as respects things done or omitted to be done before such
supersession, the Central Government, on the basis of aforesiad finding and recomendation 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 or sub-heading of the First Schedule to the said 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),and exported from the countries as specified in
the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (6),
and exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping
duty at a rate which is 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 per unit of measurement as specified in the corresponding entry in column (9) of
the said Table.
TABLE
S.No.
Tariff
item/Sub-
heading
Description
of goods
Country of
Origin
Country of
Export
ProducerExporterAmount
Unit of
Measurement
Currency
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
1
2707 99 00
or 2907 11
PhenolSingapore Singapore
Mitsui Phenol
Singapore Pte
Ltd.
M/s Mitsui
& Co. Ltd
198 MT USD
2
2707 99 00
or 2907 11
PhenolSingapore Singapore
Mitsui Phenol
Singapore Pte
Ltd.
Any other
than above
204 MT USD
3
2707 99 00
or 2907 11
PhenolSingapore Singapore
Any other than
above
Any other
than above
204 MT USD
4
2707 99 00
or 2907 11
PhenolSingapore
Any country
other than
Singapore
Any Any 204 MT USD
5
2707 99 00
or 2907 11
Phenol
Any country
other than
subject
countries
SingaporeAny Any 204 MT USD
6
2707 99 00
or 2907 11
PhenolSouth AfricaSouth Africa
M/s Merisol
RSA Pty. Ltd.
M/s Merisol
RSA Pty.
Ltd.
199 MT USD
7
2707 99 00
or 2907 11
PhenolSouth AfricaSouth Africa
M/s Merisol
RSA Pty. Ltd.
Any other
than above
204 MT USD
8
2707 99 00
or 2907 11
PhenolSouth AfricaSouth Africa
Any other than
above
Any other
than above
204 MT USD
9
2707 99 00
or 2907 11
PhenolSouth Africa
Any country
other than South
Africa
Any Any 204 MT USD
10
2707 99 00
or 2907 11
Phenol
Any country
other than
subject
countries
South AfricaAny Any 204 MT USD
11
2707 99 00
or 2907 11
PhenolEuropean UnionEuropean UnionAny Any 212 MT USD
12
2707 99 00
or 2907 11
PhenolEuropean Union
Any country
other than
European Union
Any Any 212 MT USD
13
2707 99 00
or 2907 11
Phenol
Any country
other than
subject
countries
European UnionAny Any 212 MT USD
S.No.
Tariff
item/Sub-
heading
Description
of goods
Country of
Origin
Country of
Export
ProducerExporterAmount
Unit of
Measurement
Currency
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
2. This notification shall remain in force upto and inclusive of the 12
th
August 2008, unless the notification is revoked
earlier. The anti-dumping duty shall be paid in Indian currency.
Explanation . - For the purposes of this notification, 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), issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of
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 said Customs Act.
F.No.354/124/2002-TRU
(Sonal Bajaj)
Under Secretary to the Government of India
