[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.10/2017-Customs (ADD)
New Delhi, the
24th March, 2017
G.S.R. (E).- Whereas, in the matter of import of
1,1,1,2-Tetrafluoroethane or R-134a (hereinafter referred to as the subject
goods), falling under the tariff item 2903 39 19 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, vide its final findings in notification
No.15/23/2014-DGAD, dated the 30th May, 2016, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 30th May, 2016, had come to
the conclusion that –
(i) There was continued
dumping of the subject goods from the subject country;
(ii) Imports were
significantly undercutting the prices of the domestic industry and were
depressing the domestic prices;
(iii) The financial
performance of the domestic industry had deteriorated and the dumped imports
from the subject country continued to cause injury to the domestic industry;
(iv) Dumping of the
subject goods from the subject country was likely to continue if the current
anti-dumping duty ceased,
And
had recommended continued imposition of definitive anti-dumping duty on imports
of the 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 an anti-dumping duty on the subject goods,
vide, notification of the Government of India in the Ministry of Finance
(Department of Revenue), No.30/2016-Customs (ADD), dated the 11th July, 2016,
published vide number G.S.R. 675(E) in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-Section (i), dated the 11th July, 2016;
And
whereas, M/s. Zhejiang Sanmei Chemical Ind. Co., Ltd., People’s Republic of
China (Producer or Exporter), M/s Zhejiang Sanmei Chemical Products Co., Ltd,
People’s Republic of China (Exporter) and M/s Jiangsu Sanmei Chemical Ind. Co.,
Ltd, People’s Republic of China (Producer) have 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, in respect of exports of the subject goods made by them, and the
designated authority, vide new shipper review notification No.15/22/2016- DGAD,
dated 27th February, 2017, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 27th February, 2017, has recommended provisional
assessment of all exports of the subject goods made by the above stated parties
till the completion of the review by it;
Now
therefore, in exercise of the powers conferred by sub-rule (2) 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, the
Central Government, after considering the aforesaid recommendation of the
designated authority, hereby orders that pending the outcome of the said review
by the designated authority, the subject goods, when originating in or exported
from the subject country by M/s. Zhejiang Sanmei Chemical Ind. Co., Ltd.,
People’s Republic of China (Producer or Exporter), M/s Zhejiang Sanmei Chemical
Products Co., Ltd, People’s Republic of China (Exporter) and M/s Jiangsu Sanmei
Chemical Ind. Co., Ltd, People’s Republic of China (Producer) and imported into
India, shall be subjected to provisional assessment till the review is
completed.
2. The provisional assessment may be
subject to such security or guarantee as the proper officer of customs deems
fit for payment of the deficiency, if any, in case a definitive antidumping
duty is imposed retrospectively, on completion of investigation by the
designated authority.
3. In case of recommendation of
anti-dumping duty after completion of the said review by the designated
authority, the importer shall be liable to pay the amount of such antidumping
duty recommended on review and imposed on all imports of subject goods when
originating in or exported from the subject country by M/s. Zhejiang Sanmei
Chemical Ind. Co., Ltd., People’s Republic of China (Producer or Exporter), M/s
Zhejiang Sanmei Chemical Products Co., Ltd, People’s Republic of China
(Exporter) and M/s Jiangsu Sanmei Chemical Ind. Co., Ltd, People’s Republic of
China (Producer) and imported into India, from the date of initiation of the
said review.
[F.No.354/24/2010-TRU
(Pt.-3)]
(Anurag Sehgal)
Under Secretary to the Government of India
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