GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
NOTIFICATION
No. 61 /2011-Customs
New Delhi, 15th July, 2011
G.S.R. (E) Whereas, in the matter of imports of 1, 1, 1, 2-Tetrafluoroethane or
R-134a of all types (hereinafter referred to as the subject goods), falling
under sub heading 2903 3919 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, People’s Republic of China and
Japan(hereinafter referred to as the subject countries) and imported into India,
the designated authority in its preliminary findings, vide, notification
No.14/24/2009-DGAD, dated the 19th February, 2010, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 19th February, 2010, had come
to the conclusion that,-
- the subject goods had been exported to India from the subject countries
below its normal value;
- the domestic industry had suffered material injury;
- the injury had been caused by the dumped imports from subject countries;
and had recommended imposition of provisional anti-dumping duty on the imports
of 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 provisional anti-dumping duty on the subject
goods vide
notification No. 52/2010-Customs, dated the 19th April, 2010,
published in the Gazette of India, Extraordinary Part II, Section 3, sub-section
(i), vide number G.S.R. 334(E), dated the 19th April, 2010;
And whereas, the designated authority, in its final findings vide notification
No. 14/24/2009–DGAD, dated 10th May, 2011, published in the Gazette of India,
Extraordinary, Part I, section 1, dated the 10th May,2011, has come to the
conclusion that,-
- the subject goods have been exported to India from the subject countries
below its normal value;
- the domestic industry has suffered material injury, caused by the dumped
imports from subject countries;
- the dumping margins of the subject goods imported from the subject
countries are substantial and above de minimize.
Now, therefore, in exercise of the powers conferred by sub-section (1) read with
sub-section (5) of section 9A of the said Customs Tariff Act, 1975 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 findings of the
designated authority, hereby imposes definitive anti- dumping duty on the goods,
the description of which is specified in column (3) of the Table below, falling
under sub- heading of the First Schedule to the said Customs Tariff Act
specified in the corresponding entry in column (2),originating in the country
specified in the corresponding entry in column (4), and exported from the
country specified in the corresponding entry in column (5) and produced by the
producer specified in the corresponding entry in column (6) and exported by the
exporter specified in the corresponding entry in column (7), and imported into
India, an anti-dumping duty at the rate equal to the amount indicated in the
corresponding entry in column (8), in the currency as specified in the
corresponding entry in column (10) and per unit of measurement specified in the
corresponding entry in column (9) of the said Table.
Table
Sl.No |
Sub- Heading |
Description of goods |
Country Of origin |
Country Of export |
Producer |
Exporter |
Duty amount |
Unit of measurement |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1. |
29033919 |
1,1,1,2-Tetrafluoroethane or R-134a |
China PR |
China PR |
Sinochem Environmental Protection (Taicang) Co. Ltd.
|
Sinochem Environmental Protection (Taicang) Co. Ltd.
|
1.15 |
Kg |
USD |
2. |
- Do - |
- Do - |
China PR |
China PR |
Sinochem Environmental Protection Taicang) Co. Ltd |
Du-Pont Trading (Shanghai) Co. Ltd. |
1.36 |
Kg |
USD |
3. |
- Do - |
- Do - |
China PR |
China PR |
Sinochem Environmental Protection Chemicals (Xian) Co. Ltd.
|
Sinochem Environmental Protection Chemicals (Xian) Co. Ltd
|
1.15 |
Kg |
USD |
4. |
- Do - |
- Do - |
China PR |
China PR |
Any Combination of producer and exporter other than Sl. No. 1 to 3 |
1.41 |
Kg |
USD |
5. |
- Do - |
- Do - |
China PR |
Any country other than China PR |
Any |
Any |
1.41 |
Kg |
USD |
6 |
- Do - |
- Do - |
Any country other than China PR |
China PR |
Any |
Any |
1.41 |
Kg |
USD |
7 |
- Do - |
1,1,1,2-Tetrafluoroetha or R-134 a |
Japan |
Japan |
Any |
Any |
.69 |
Kg |
USD |
8 |
- Do - |
- Do - |
Japan |
Any |
Any |
Any |
.69 |
Kg |
USD |
9 |
- Do - |
- Do - |
Any country other than Japan |
Japan |
Any |
Any |
.69 |
Kg |
USD |
- The anti-dumping duty imposed shall be levied 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
Customs Act.
(Sanjeev Kumar Singh)
Under Secretary to the Government of India.
[F.No.354/24/2010 –TRU (Pt-1)]