GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.57 /2010-Customs
New Delhi, 3rd May, 2010
G.S.R. (E).- Whereas, the designated authority vide notification
No.15/30/2008-DGAD, dated the 27th February, 2009, published in Part I, Section
1 of the Gazette of India, Extraordinary, dated the 27th February, 2009, had
initiated review in the matter of continuation of final anti-dumping duty on
Polytetrafluoroethylene (PTFE) (hereinafter referred to as the subject goods),
falling under sub-heading 3904 61 00 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975) (herein after referred to as the said Customs Tariff
Act), originating in, or exported from Russia (hereinafter referred to as the
subject country), imposed vide notification of Government of India in the
Ministry of Finance (Department of Revenue), No. 110/2004–Customs, dated the
18th November,2004, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) dated the 18th November, 2004, vide, number G.S.R.
752 (E), dated the 18th November, 2004, and extended by notification No.
2/2010-Customs dated 11th January, 2010, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i) dated the 11th January, 2010,
vide, number G.S.R. 26(E), dated the 11th January, 2010;
And whereas, the designated authority vide notification No. 15/30/2008-DGAD,
dated the 26th February, 2010, published in Part I, Section 1 of the Gazette of
India, Extraordinary, dated the 26th February, 2010, after conducting Sunset
Review had come to the conclusion that-
- the subject goods were entering the Indian market at dumped prices and
dumping margins of the subject goods imported from Russia was significant and
above de-minimis limits prescribed. The subject goods continued to be exported
to India at dumped prices in spite of existing anti dumping duties;
- considering the facts available on record, the subject goods were likely to
enter Indian market at enhanced volumes and at dumped prices, should the present
measures be withdrawn;
- the domestic industry continued to suffer injury in spite of existing anti
dumping duties. Further, should the present anti dumping duties be revoked,
injury to the domestic industry was likely to continue and intensify;
- the deterioration in the performance of the domestic industry was because
of dumped imports. Further, revocation of anti dumping duty on imports from
Russia was likely to lead to continued and intensified injury to the domestic
industry;
and had recommended the continued imposition of definitive anti-dumping duty on
all 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), read
with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18
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, on the basis of the aforesaid final findings of
the designated authority, hereby imposes 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), the specification of which is specified in the
corresponding entry in column (4), originating in the country specified in the
corresponding entry in column (5) , and produced by the producers specified in
the corresponding entry in column (7), when exported from the country specified
in the corresponding entry in column (6), by the exporters specified in the
corresponding entry in column (8), and imported into India, an anti-dumping duty
at a rate which is equal to the amount specified in the corresponding entry in
column (9), in the currency specified in the corresponding entry in column (11)
and per unit of measurement specified in the corresponding entry in column (10)
of the said Table;
Table
Sl. No. |
Sub-heading |
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 61 00 |
Polytetra fluoro-ethylene (PTFE) |
Any |
Russia |
Russia |
Any |
Any |
3.42 |
Kilogram |
US Dollar |
2. |
3904 61 00 |
Polytetra fluoro-ethylene (PTFE) |
Any |
Russia |
Any |
Any |
Any |
3.42 |
Kilogram |
US Dollar |
3 |
3904 61 00 |
Polytetra fluoro-ethylene (PTFE) |
Any |
Any except Russia and People’s Republic of China |
Russia |
Any |
Any |
3.42 |
Kilogram |
US Dollar |
2. This notification shall be effective for a period of five years (unless
revoked, superseded or amended earlier) and the anti-dumping duty shall be paid
in Indian currency.
Explanation. - For the purposes of this notification, “rate of exchange”
applicable for the purposes of calculation of 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 sub-clause (i) of clause (a) of sub-section
(3) of section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date
for 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.354/106/2004-TRU]
(Prashant Kumar)
Under Secretary to the Government of India