[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. 6/2019-Customs (ADD)
New Delhi, the
28th January, 2019
G.S.R…. (E). - Whereas, in the matter of import of
‘Fluoroelastomers (FKM)’ (hereinafter referred to as the subject goods) falling
under the tariff items 3904 50 90, 3904 69 90, 3904 90 00 and 3904 69 10 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 China
PR (hereinafter referred to as the subject country), and imported into India,
the designated authority in its final findings vide notification No. 6/25/2017-DGAD,
dated the 27 th December 2018, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 27 th December 2018, has come to
the conclusion that-
(a) the product under consideration has been
exported to India from the subject country below its normal value, resulting in
dumping;
(b) the Domestic Industry has suffered material injury and material retardation
due to dumping of the product under consideration from the subject country;
(c) the aforesaid injury has been caused
by the dumped imports from the subject country,
and has recommended the
imposition of definitive anti-dumping duty (for 18 months) on the imports of
subject goods, originating in or exported from the subject country and imported
into India, in order to remove injury to the domestic industry.
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 20 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), originating in and
exported from the countries as specified in the corresponding entry in colums
(4) and (5) respectively, 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 specified in the corresponding entry in column (10)
and per unit of measurement as specified in the corresponding entry in column
(9) of the said Table:-
Table
S. No. |
Heading/ Subheading |
Description of goods * |
Country of origin |
Country of exports |
Producer |
Exporter |
Duty aqmount |
Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1. |
39045090, 39046990, 39049000, or
39046910 |
Fluoro elastomers (FKM) |
China |
China |
Inner Mongolia 3F Wanhao Fluoroche
mical Co., Ltd. |
Shanghai Huayi 3F New Materials Sales
Co., Ltd. |
3.85 |
Kg |
US$ |
2. |
39045090, 39046990, 39049000, or
39046910 |
Fluoro elastomers (FKM) |
China |
China |
M/s Solvay Specialty Polymers
(Changshu) Co Ltd |
M/s Solvay Specialty polymers
(Changshu) Co Ltd. |
4.24 |
Kg |
US$ |
3. |
39045090, 39046990, 39049000, or
39046910 |
Fluoro elastomers (FKM) |
China |
China |
Chenguang Fluoro & Silicone
Elastomers Co., Ltd. |
Chenguang Fluoro & Silicone
Elastomers Co., Ltd. |
3.6 |
Kg |
US$ |
4. |
39045090, 39046990, 39049000, or
39046910 |
Fluoro elastomers (FKM) |
China |
China |
Daikin Fluorochem icals (China) Co.
Ltd. |
Uni Alliance Limited |
0.078 |
Kg |
US$ |
5. |
39045090, 39046990, 39049000, or
39046910 |
Fluoro elastomers (FKM) |
China |
China |
Zhonghao Chenguang Research Institute
of Chemical Industry Co. Ltd |
Zhonghao Chenguang Research Institute
of Chemical Industry Co. Ltd. |
3.56 |
Kg |
US$ |
6. |
39045090, 39046990, 39049000, or
39046910 |
Fluoro elastomers (FKM) |
China |
China |
Any Combination other than mentioned
in S.No. 1 to 5 above |
7.31 |
Kg |
US$ |
|
7. |
39045090, 39046990, 39049000, or
39046910 |
Fluoro elastomers (FKM) |
China |
Any country other than China PR |
Any |
Any |
7.31 |
Kg |
US$ |
8. |
39045090, 39046990, 39049000, or
39046910 |
Fluoro elastomers (FKM) |
Any country other than China PR |
China |
Any |
Any |
7.31 |
Kg |
US$ |
*FKM compound and Perfluoroelastomer (FFKM) are
excluded from the scope of the subject goods.
2. The
anti-dumping duty imposed shall be effective for a period of eighteen months
(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 Customs Act.
[F.No.354/10/2019
–TRU]
(Gunjan Kumar Verma)
Under Secretary to the Government of India
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