[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. 36 /2017-Customs (ADD)
New Delhi, the
28th July, 2017
G.S.R….
(E). - Whereas, the designated authority vide notification no.15/11/2016 DGAD ,
dated the 8th July, 2016 published in the Gazette of India, Extraordinary, Part
I, Section 1, dated the 8th July, 2016 had initiated the second sunset review
in term of sub-section (5) of section 9 A of the Customs Tariff Act, 1975 (51
of 1975), (hereinafter referred to as the Customs Tariff Act), and in pursuance
of rule 23 of the Customs Tariff (Identification, Assessment and Collection of
Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995, in the matter of continuation of anti-dumping duty on imports of
‘Polytetraflouroethylene or PTFE’ (hereinafter referred to as the subject
goods) falling under the tariff item 3904 61 00 of the First Schedule to the
Customs Tariff Act, originating in, or exported from China PR (hereinafter
referred to as the subject country), imposed vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.
81/2011- Customs (ADD), dated the 24th August, 2011.
And
whereas, the Central Government had extended the period of imposition of
antidumping duty on the subject goods, originating in or exported from the
subject country up to and inclusive of the 23rd August, 2017 vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 36/2016-Customs (ADD), dated the 2nd August, 2016, published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number
G.S.R.596 (E), dated the 2nd August, 2016.
And
whereas, in the matter of review of anti-dumping duty on imports of the subject
goods, originating in or exported from the subject country, the Designated
Authority in its final findings, published vide notification No. F. No.15/11/2016-DGAD,
dated the 23rd June, 2017 published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 23rd June, 2017 has come to the conclusion that–
(i)
there is continued dumping of the
product concerned from China, both in absolute terms and in relation to
production/consumption in India causing injury to the domestic industry;
(ii)
imports are significantly undercutting
the prices of the domestic industry. The price undercutting without prevailing
anti-dumping duties is positive. Further, imports are suppressing and
depressing the domestic prices;
(iii)
the performance of the Domestic Industry
has deteriorated in terms of profits and return on investments;
(iv)
the dumped imports from China continue
to cause injury to the domestic industry despite imposition of anti-dumping
duty;
(v)
producers from subject country have
significant capacity which establishes that in the event of cessation of
duties, exports to India will intensify;
(vi)
dumping of the product under
consideration from China is likely to continue/ intensify should the
antidumping duty be revoked,
And has recommended the
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-section (1) and
sub-section (5) of section 9A of the Customs Tariff Act, and rules18 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 tariff item
of the First Schedule to the Customs Tariff Act as specified in the
corresponding entry in column (2), specification specified in the corresponding
entry in column (4), originating in the countries as specified in the
corresponding entry in column (5), and exported from the countries as specified
in the corresponding entry in column (6), produced by the producers as
specified in the corresponding entry in column (7), exported by the exporters
as specified in the corresponding entry in column (8), and imported into India,
an anti-dumping duty at the rate 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
S. No. |
Tariff item |
Description |
Specification |
Country Of origin |
Country Of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
1 |
3904 6100 |
Polytetra fluoroethylene (PTFE) |
Any |
China PR |
China PR |
Any |
Any |
2637 |
MT |
US Dollar |
2 |
3904 6100 |
Polytetra fluoroethylene (PTFE) |
Any |
China PR |
Any other than Russia or China PR |
Any |
Any |
2637 |
MT |
US Dollar |
3 |
3904 6100 |
Polytetra fluoroethylene (PTFE) |
Any |
China PR |
China PR |
Any |
Any |
2637 |
MT |
US Dollar |
2. The anti-dumping duty imposed 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 payable 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 Act.
[F.No.354/150/2005
–TRU (Part-I)]
(Ruchi Bisht)
Under Secretary to the Government of India.
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