[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. 30/2016-Customs (ADD)
New Delhi, the
11th July, 2016
G.S.R. (E). – Whereas, the designated authority, vide
notification No.15/23/2014- DGAD, dated the 10th April, 2015, published in the
Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in
the matter of continuation of anti-dumping duty on imports of 1,1,1,2-
Tetrafluoroethane or R-134a (hereinafter referred to as the subject goods)
falling under tariff item 2903 39 19 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act),
originating in or exported from People’s Republic of China (hereinafter
referred to as the subject country) imposed vide notification of the Government
of India, in the Ministry of Finance (Department of Revenue)
No.61/2011-Customs, dated the 15th July, 2011, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number
G.S.R.539(E), dated the 15th July, 2011;
And whereas, in the
matter of review of anti-dumping duty on import of the subject goods,
originating in or exported from the subject country, the designated authority
in its final findings, published vide notification No.15/23/2014-DGAD, dated
the 30th May, 2016, in the Gazette of India, Extraordinary, Part I, Section 1,
has come to the conclusion that-
(i)
there is continued dumping of the
subject goods from the subject country;
(ii)
imports are significantly undercutting
the prices of the domestic industry and are depressing the domestic prices;
(iii)
the financial performance of the
domestic industry has deteriorated and the dumped imports from the subject
country continue to cause injury to the domestic industry;
(iv) dumping of the subject goods from the subject country is likely to continue if the current anti-dumping duty ceases,
and has recommended continued imposition of the anti-dumping duty on 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 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, 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 tariff item of the First Schedule to the Customs
Tariff Act as specified in the corresponding entry in column (2), originating
in the countries as specified in the corresponding entry in column (4),
exported from the countries as specified in the corresponding entry in column
(5), produced by the producers as specified in the corresponding entry in
column (6), exported by the exporters as specified in the corresponding entry
in column (7), and imported into India, an anti-dumping duty at the rate 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 as per unit of
measurement as specified in the corresponding entry in column (9) of the said
Table, namely:-
Table
Sl. No |
Tariff item |
Description of goods* |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measure ment |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1. |
2903 39 19 |
1,1,1,2- Tetrafluoroethane or R-134a |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
1.22 |
kilogram |
US Dolla |
2. |
2903 39 19 |
1,1,1,2- Tetrafluoroethane or R-134a |
People’s Republic of China |
Any other than People’s Republic of
China |
Any |
Any |
1.22 |
kilogram |
US Dollar |
3. |
2903 39 19 |
1,1,1,2- Tetrafluoroethane or R-134a |
Any other than People’s Republic of
China |
People’s Republic of China |
Any |
Any |
1.22 |
kilogram |
US Dollar |
*Note:
The cGMP certified R-134a is excluded
from the purview of the product under consideration.
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 and shall be paid in Indian currency.
Explanation.- For the purposes of this notification, 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 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.354/24/2010-TRU (Pt.-2)]
(Anurag Sehgal)
Under Secretary to the Government
of India
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