Notification No. 41/2016, Dated 8th August 2016

[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.41/2016-Customs (ADD)

New Delhi, the 8th August, 2016

G.S.R.             (E).- Whereas, in the matter of import of PVC Flex Film (hereinafter referred to as the subject goods), falling under Chapter 39 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), the designated authority vide its final findings in notification No.14/4/2010- DGAD, dated the 29th July, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th July, 2011, had recommended imposition of anti-dumping duty on all imports of the subject goods originating in or exported from the subject country in order to remove the injury to the domestic industry;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.82/2011-Customs, dated the 25th August, 2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R.643(E), dated the 25th August, 2011, subsequently amended vide No.43/2015-Customs (ADD), dated the 18th August, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, SubSection (i) vide number G.S.R.641(E), dated the 18th August, 2015;

And whereas, M/s Haining Tianfu Warp Knitting Co. Ltd, People's Republic of China ( Producer) and M/s Manna, Korea RP (Exporter) had requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in respect of exports of the subject goods made by them, and the designated authority vide new shipper review notification No.15/23/2011-DGAD, dated 12th April, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12th April, 2012, had recommended provisional assessment of all exports of the subject goods by M/s Haining Tianfu Warp Knitting Co. Ltd, People's Republic of China (Producer) and M/s Manna, Korea RP (Exporter) when imported into India, till the completion of the review by it;

And whereas, in exercise of the powers conferred by sub-rule (2) of rule 22 of the said rules, the Central Government, after considering the aforesaid recommendation of the designated authority vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.24/2012-Customs (ADD), dated the 14th May, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.359(E), dated the 14th May, 2012 had ordered that pending the outcome of the said review by the designated authority, the subject goods, when exported by M/s Haining Tianfu Warp Knitting Co. Ltd, People's Republic of China (Producer) and M/s Manna, Korea RP (Exporter) and imported into India, shall be subjected to provisional assessment till the review is completed;

And whereas, the designated authority in the matter of new shipper review initiated vide notification No.15/23/2011-DGAD, dated 12th April, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12th April, 2012 vide its final findings in notification No.15/23/2011-DGAD, dated 29th June, 2016, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th June, 2016 has concluded that no individual dumping margin is justified in respect of exports of the subject goods to India by M/s Haining Tianfu Warp Knitting Co. Ltd, People's Republic of China (Producer) and M/s Manna, Korea RP (Exporter) and has accordingly recommended that the exports of the subject goods by M/s Haining Tianfu Warp Knitting Co. Ltd, People's Republic of China ( Producer) and M/s Manna, Korea RP (Exporter), during the period from the date of initiation of the present new shipper review investigation recommending provisional assessment, may be subjected to levy of anti-dumping duty as imposed earlier on the imports of the subject goods, originating in or exported from People's Republic of China vide Notification No.82/2011-Customs, dated the 25th August, 2011, subsequently amended vide No.43/2015- Customs (ADD), dated the 18th August, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R.641(E), dated the 18th August, 2015, at the rate of USD 0.538 per kg;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the Customs Tariff Act, read with rules 18, 20, 22 and 23 of the said rules, and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.24/2012-Customs (ADD), dated the 14th May, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.359(E), dated the 14th May, 2012, the Central Government, except as respects things done or omitted to be done before such supersession, hereby orders that all imports of the subject goods produced by M/s Haining Tianfu Warp Knitting Co. Ltd, People's Republic of China (Producer) and exported by M/s Manna, Korea RP (Exporter) to India, which have been subjected to provisional assessment pursuant to the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.24/2012-Customs (ADD), dated the 14th May, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 359(E), dated the 14th May, 2012 shall be subjected to final assessment on the payment of anti-dumping duty as imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.82/2011- Customs, dated the 25th August, 2011 subsequently amended vide No.43/2015-Customs (ADD), dated the 18th August, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R.641(E), dated the 18th August, 2015, at the rate of USD 0.538 per kg.

[F. No. 354/108/2010 –TRU (Pt. -II)]

(Anurag Sehgal)
Under Secretary to the Government of India