Notification No. 104/2004, Dated 7th Oct 2004

7th October, 2004

Notification No.104/2004-Customs

         Whereas, the designated authority had initiated anti dumping investigations into the existence, degree and effect of dumping in the matter of import of Poly Vinyl Chloride Paste Resin (hereinafter referred to as the subject goods), falling under tariff item 3904 21 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from Saudi Arabia, Republic of Korea and the European Union ,vide notification No.14/14/2003-DGAD, dated the 22^nd August, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22^nd August, 2003;

                whereas , the designated authority, vide its final findings notification No.14/14/2003-DGAD, dated the 20^th  August, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20^thAugust, 2004, has come to the conclusion that -

(a) the subject goods have been exported to India from the European Union and Saudi Arabia below its normal value;

(b) the domestic industry has suffered material injury;

(c) the injury has been caused by the dumped imports from  European Union;

(d) the dumping margin in the case of imports from Republic of Korea and injury margin in the case of imports from Saudi Arabia, is negative;

and has recommended the imposition of definitive anti-dumping duty on all imports of the subject goods, originating in, or exported from the European Union;

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and 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, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.

Table

2.             The anti-dumping duty imposed under this notification shall be paid 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 said Customs Tariff Act;

(b) 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 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 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.354/88/2004-TRU]

                                                                                                                                AnupamPrakash
                                                                          Under  Secretary to the Government of India