Notification No. 42/2016, 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.42/2016-Customs (ADD)

New Delhi, the 8th August, 2016

G.S.R.             (E). –  Whereas, the designated authority, vide notification No.15/13/2015-DGAD, dated the 27th July, 2015, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th July, 2015 had initiated a review in the matter of continuation of anti-dumping duty on imports of PVC Flex Films (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) imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) 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;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the aforesaid countries, upto and inclusive of the 29th day of July, 2016, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) 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;

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.15/13/2015-DGAD, dated the 30th June, 2016, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that

i. the subject goods from the subject country continue to enter the Indian market at dumped prices;
ii. dumping margin and injury margin are positive and significant;
iii. imposition of anti-dumping duty has prevented dumping causing injury to the domestic industry;
iv. price undercutting is likely to be significantly positive in the event of cessation of anti-dumping duty; v. in the event of withdrawal of the anti-dumping duties, there is likelihood of dumping and injury to the domestic industry;

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 heading 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

Note : The following products are excluded from the scope of the subject goods:

(i) PVC Rigid Films;
(ii) Cotton or Canvas Tarpaulins;
(iii) PVC Film;
(iv) Self-Adhesive Vinyl;
(v) One Way Vision Film or Perforated Window Film;
(vi) Coloured Vinyl; and
(vii) Mesh Banner or Fabric

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.354/108/2010-TRU (Pt.-II)]

(Anurag Sehgal) Under Secretary to the Government of India