Notification No. 91/2005, Dated 17th Oct 2005

17th October, 2005

Notification No. 91/2005-Customs

  Whereas in the matter of import of Polytetrafluoroethylene (PTFE), (hereinafter referred to as the subject goods,)      falling under sub heading Number 3904 61 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, (hereinafter referred to as the subject country ) the designated authority vide its final findings in notification No.14/25/2003 -DGAD, dated the 25^th July, 2005, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25^th July, 2005, has come to the conclusion that –

(i)            The subject goods have been exported to India from the subject country below its    normal value;

(ii)           The domestic Industry has suffered material injury;

(iii)          The injury has been caused by the dumped imports from subject country or territories;

and has recommended the imposition of final anti-dumping duty on import of subject goods, in all forms, originating in or exported from the subject country;    

                Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A 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 sub- heading 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 which shall be equal to the  difference between  the amount 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 imported goods in the 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, 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 said Customs Act, 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.354/150/2005-TRU

                                                                                                                                                               (Ajay)
                                                                                        Under secretary to the Government of India