Notification No. 89/2009, Dated 31st Aug 2009

[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. 89/2009-Customs

New Delhi, dated the 31^st August, 2009

G.S.R. (E). – Whereas, the designated authority, vide its notification No. 15/19/2008-DGAD, dated the 24^th July, 2008, published in the Gazette of India, Part I, Section 1, Extraordinary, dated the 24^th July, 2008, had initiated a review in the matter of continuation of anti-dumping on imports of Flexible Slabstock Polyol (hereinafter referred to as the subject goods) falling under Sub- heading 3907 20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, Republic of Korea, Chinese Taipei and Brazil (hereinafter referred to as the subject countries), imposed vide  notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 4/2005- CUSTOMS, dated the 24^th January, 2005, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 40(E), dated the 24^th January, 2005;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject countries upto and inclusive of the 23^rd July, 2009 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 138/2008- Customs, dated the 31^st December, 2008 , published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 909 (E), dated the 31^st December, 2008 ;

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the subject countries, the designated authority in its final findings issued vide notification No. 15/19/2008-DGAD, dated 22nd July, 2009 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24^th July, 2009, had come to the conclusion that-

1. subject goods originating in or exported from China PR, Chinese Taipei and Korea RP had been exported to India below their normal value, resulting in dumping; 

2. subject goods from Brazil had not been exported to India during the period of investigation (POI); therefore, the current dumping from Brazil could not be determined.  The trend of imports indicated that imports from Brazil might not resume.

3. in case of revocation of anti-dumping duties on the subject goods from China PR, Chinese Taipei and Korea RP, the dumping was likely to continue, and the dumped imports from these countries likely to continue  injury to the domestic industry. 

and had recommended continued imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from, the subject countries other than Brazil and imported into India, 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 (51 of 1975) 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 the said sub-heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification(grade) of which is specified in column (4) of the said Table, originating in the country as specified in the corresponding entry in column (5), and produced by the producer as specified in the corresponding entry in column (7), when exported from the country as specified in the corresponding entry in column (6), by the exporter as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to difference between the amount mentioned in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and as 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 like currency as per like unit of measurement.

Table

Sl. No	Tariff item	Descrip-tion of goods	Grade	Country of origin	Country of export	Producer	Exporter	Amount	Unit of measurement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1	3907 20	Flexible slabstock polyol	Molecular weight 3000-4000	China PR	China PR	Any	Any	2601	MT	USD
2	3907 20	Flexible slabstock polyol	Molecular weight 3000-4000	China PR	Any country other than China PR	Any	Any	2601	MT	USD
3	3907 20	Flexible slabstock polyol	Molecular weight 3000-4000	Any country other than country/ies attracting anti dumping duty	China PR	Any	Any	2601	MT	USD
4	3907 20	Flexible slabstock polyol	Molecular weight 3000-4000	Korea RP	Korea RP	Any	Any	2601	MT	USD
5	3907 20	Flexible slabstock polyol	Molecular weight 3000-4000	Korea RP	Any country other than Korea RP	Any	Any	2601	MT	USD
6	3907 20	Flexible slabstock polyol	Molecular weight 3000-4000	Any country other than country/ies attracting anti dumping duty	Korea RP	Any	Any	2601	MT	USD
7	3907 20	Flexible slabstock polyol	Molecular weight 3000-4000	Chinese Taipei	Chinese Taipei	Any	Any	2601	MT	USD
8	3907 20	Flexible slabstock polyol	Molecular weight 3000-4000	Chinese Taipei	Any country other than Chinese Taipei	Any	Any	2601	MT	USD
9	3907 20	Flexible slabstock polyol	Molecular weight 3000-4000	Any country other than country/ies attracting anti dumping duty	Chinese Taipei	Any	Any	2601	MT	USD

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. The anti-dumping duty 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, 8B, 9 and 9A of the said Customs Tariff Act, 1975;

(b) 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 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.354/148/2003 –TRU]

(Prashant Kumar)
Under Secretary to the Government of India.