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 |
Any other than Russia or 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.
(Ruchi Bisht) Under Secretary to the Government of India. [F.
No.354/150/2005 –TRU (Part-I)]
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