[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)
New Delhi,
the 7th March, 2020
G.S.R. --(E). – Whereas, in the
matter of import of ‘Chlorinated Polyvinyl Chloride Resin (CPVC)-whether or not
further processed into compound’ (hereinafter referred to as the subject
goods), falling under heading 3904 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff
Act), originating in, or exported from China PR and Korea RP (hereinafter
referred to as the subject countries) and imported into India, the designated
authority vide its preliminary findings
No. 6/3/2019-DGTR, dated the 12th July, 2019, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 12th July,
2019, had recommended imposition of provisional anti-dumping duty on the
imports of subject goods, originating in or exported from subject countries;
And whereas, on the basis of
aforesaid findings of the designated authority, the Central Government had
imposed provisional anti-dumping duty on
the subject goods vide notification
of the Government of India in the Ministry of Finance (Department of Revenue),
No. 33/2019- Customs (ADD), dated the 26th August, 2019, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G. S. R. 600 (E), dated the
26th August, 2019;
And whereas, the designated authority
in its final findings vide notification
No. 6/3/2019- DGTR, dated the 19th February, 2020, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 19th
February, 2020, has come to conclusion that-
(i)
the product under consideration has
been exported to India from the subject countries below normal value;
(ii)
such dumped imports of the subject
goods from the subject countries have caused material retardation to the
establishment of the domestic industry;
and has recommended imposition of definitive anti-dumping duty equal to the lesser of the margin of dumping and the margin of injury, so as to remove the injury to the domestic industry;
Now, therefore, in exercise of the
powers conferred by sub-sections (1) and (5) of section 9A of the said 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, on the basis of 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 Duty
Table below, falling under tariff items of the First Schedule to the said
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), and 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), having
specifications as specified in the corresponding entry in
column (7), and imported into India, a definitive anti- dumping duty at the
rate equal to the difference between the landed value of the subject goods
and the amount, currency and per unit of measurement as specified in the
corresponding entry in column (8) provided that the landed value is less than
the amount indicated in column (8), of the said Duty Table:-
S.No. |
HS Code |
Description
of goods |
Country
of origin |
Country
of Export |
Producer |
Specification |
Amount in USD/MT |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
1A |
3904 10 10 |
Chlorinated |
China PR |
Any |
Shandong |
CPVC Resin |
2,087 |
|
3904 10 20 |
Polyvinyl |
|
country |
Gaoxin |
|
|
|
3904 10 90 |
Chloride Resin |
|
including |
Chemical |
|
|
|
3904 21 00 |
(CPVC) - |
|
China PR |
Co Ltd |
|
|
|
3904 22 00 3904 90 10 3904 90 90 |
whether or not further processed into compound |
|
|
|
|
|
1B |
China PR |
Any country including China PR |
CPVC Compound |
2,717 |
|||
2A |
|
|
China PR |
Any |
Shandong |
CPVC Resin |
2,053 |
|
|
|
|
country |
Pujie |
|
|
|
|
|
|
including |
rubber and |
|
|
|
|
|
|
China PR |
plastic Co. |
|
|
|
|
|
|
|
ltd |
|
|
2B |
China PR |
Any |
CPVC |
2,853 |
|||
|
|
|
|
country |
|
Compound |
|
|
|
|
|
including |
|
|
|
|
|
|
|
China PR |
|
|
|
3A |
|
|
China PR |
Any country including China PR |
Shandong Xiangsheng New Materials Technolog y
Co., Ltd., |
CPVC Resin |
2,045 |
3B |
China PR |
Any country including China PR |
CPVC Compound |
2,853 |
|||
4A |
China PR |
Any country including China PR |
Weifang Sundow Chemical Co. Ltd |
CPVC Resin |
2,025 |
||
4B |
China PR |
Any country including China PR |
CPVC Compound |
2,853 |
|||
5A |
China PR |
Any country including China PR |
Shandong Xuye New Materials Co. Ltd |
CPVC Resin |
2,057 |
||
5B |
China PR |
Any country including China PR |
CPVC Compound |
2,657 |
|||
6A |
China PR |
Any country including China PR |
Any Producer other than mentioned above |
CPVC Resin |
2,161 |
||
6B |
CPVC Compound |
2,853 |
|||||
7A |
Any country other than China PR and Korea RP |
China PR |
Any |
CPVC Resin |
2,161 |
||
7B |
CPVC Compound |
2,853 |
|||||
8A |
Korea RP |
Any country including Korea PR |
Any Producer |
CPVC Resin |
2,024 |
||
8B |
CPVC Compound |
2,853 |
9A |
|
|
Any country other than China PR and Korea RP |
Korea RP |
Any Producer |
CPVC Resin |
2,024 |
9B |
CPVC Compound |
2,853 |
2. The
anti-dumping duty imposed under this notification shall be effective for a
period of 5 years (unless revoked,
amended or superseded earlier) from the date of imposition of the provisional
anti-dumping duty, that is, the 26th August, 2019 and shall be
payable in Indian currency:
Provided that the said anti-dumping
duty shall not be levied for the period commencing from the date of the lapse
of the provisional anti-dumping duty, that is the 26th February,
2020 up to the preceding day of the publication of this notification in the
Official Gazette.
Explanation 1.- 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.
Explanation 2. - The landed value of imports for the purpose of this notification
shall be the assessable value as determined by the Customs under Customs Act,
1962 and applicable level of customs duties except duties levied under Section
3, 8B, 9, 9A of the said Customs Tariff Act.
[F.No.354/110/2019 –TRU]
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