Notification No. 42/2010, Dated 5th April 2010

[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. 42/2010-Customs

New Delhi, dated the 5th April, 2010

G.S.R.    (E). - Whereas, in the matter of import of Polytetrafluoroethylene(PTFE) (hereinafter referred to as the subject goods), falling under sub-heading 3904 61  00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People’s Republic of China (hereinafter referred to as the subject country), the designated authority in its final findings, vide, 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, had come to the conclusion that, –

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

(ii)         the domestic Industry had suffered material injury;

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

and had recommended imposition of final anti-dumping duty on the imports of subject goods, originating in or exported from the subject country; 

            And whereas, on the basis of the aforesaid 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 Ministry of Finance (Department of Revenue), No.91/2005–Customs, dated the 17^th October, 2005, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 635(E), dated the 17^th October, 2005;

And whereas, the designated authority, in its final findings in mid-term review, vide, notification No. 15/33/2008-DGAD, dated the 26^th February, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 26^th February, 2010, had come to the conclusion that,-

(i)         the subject goods were entering the Indian market at dumped prices and dumping margins of the subject goods imported from the subject country was significant and above de-minimis limits prescribed;

(ii)        the subject goods continued to be exported to India at dumped prices inspite of existing anti dumping duties;

(iii)       considering the facts available on record, the subject goods were likely to enter Indian market at dumped prices, should the present measures be withdrawn;

(iv)       the domestic industry continued to suffer injury in spite of existing anti dumping duties. Further, should the present anti dumping duties be revoked, injury to the domestic industry was likely to continue and intensify;

(v)        the deterioration in the performance of the domestic industry was because of dumped imports from the subject country;

and had recommended continued imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported from, the subject country; 

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 Ministry of Finance (Department of Revenue), No. 91/2005-Customs, dated the 17^th October, 2005, published  in the Gazette of India, Extraordinary ,Part II, Section 3, Sub-section (i)  vide, number G.S.R 635 (E), dated the 17^thOctober, 2005,except as respects things done or omitted to be done before such supersession, the Central Government, on the basis of aforesaid 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 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), originating in the country as specified in the corresponding entry in column (5),and exported from the countries as specified in the corresponding entry in column (6), and produced by the producers as specified in the corresponding entry in column (7), and exported 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 equal to 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.

TABLE

2.         This notification shall remain in force upto and inclusive of the 16^th October, 2010, unless the notification is revoked earlier and the anti-dumping duty imposed under this notification 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.354/150/2005 –TRU]  

 (Prashant Kumar)

Under Secretary to the Government of India.