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Date: 10-08-2019
Notification No: NOTIFICATION No. 32/2019-Customs (ADD)
Issuing Authority: Indian Customs  
Type: Anti Dumping Duty
File No: F. No. 354/70/2007 –TRU (Pt. II)
Subject: Seeks to impose anti-dumping duty on imports of "Homopolymer of vinyl chloride monomer (suspension grade)" originating in or exported from China PR and USA for 30 months with effect from 13th August, 2019, in pursuance of SSR investigation by DGTR.

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

NOTIFICATION No. 32/2019-Customs (ADD)

New Delhi, the 10th August, 2019

G.S.R…. (E). - Whereas, the designated authority, vide notification No.7/34/2018 DGTR , dated the 29th October, 2018 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th October, 2018, had initiated the review in terms 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 ‘Homopolymer of Vinyl Chloride Monomer (suspension grade)’ (hereinafter referred to as the subject goods) falling under the heading 3904 of the First Schedule to the Customs Tariff Act, originating in, or exported from originating in or exported from China PR, Thailand and United States of America (hereinafter referred to as the subject Countries), imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 27/2014- Customs (ADD), dated the 13th June, 2014;

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 Countries upto and inclusive of the 12th day of August, 2019 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 23/2019-Customs (ADD), dated the 11th June, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 416 (E), dated the11th June, 2019;
And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in or exported from the subject Countries, the Designated Authority in its final findings, published vide notification No. F. No.7/34/2018-DGTR, dated the 18th July, 2019 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th July, 2019 has come to the conclusion that: -

(i) the product under consideration has been exported into India from the subject countries during period of investigation at dumped prices;
(ii) the Domestic Industry has not suffered material injury during the period of investigation in terms of either price or volume effect with anti-dumping duty measure being in force. There exists likelihood of injury due to imports from USA and China on cessation of AD duty and the likelihood of injury of imports from Thailand is quite low and insignificant;
(iii)the likelihood analysis indicates that in event of cessation of Anti-dumping duty, the exports by USA and China to countries other than India are likely to get diverted to India and the landed value of significant volume of such diverted exports would cause injury to the domestic industry when compared with the Net Import Price during post period of investigation.
and has recommended continued imposition of the anti-dumping duty on the subject goods, originating in or exported from the subject country;

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 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 the heading of the First Schedule to the 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), 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), imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (7) in the currency as specified in the corresponding entry in column (9) and as per unit of measurement as specified in the corresponding entry in column (8) of the said Table, namely:-

DUTY TABLE
S.
No.
Heading Description  Country
of
Origin
Country
of Export
Producer Amount  Unit Currency
(1) (2) (3) (4) (5) (6)` (7) (8) (9)
 1. 3904 Homopolymer
of
vinyl chloride
monomer
(suspension
grade)
People’s
Republic
of China
People’s
Republic of
China
i. M/s Tianjin LG
Bohai Chemical
Co., Ltd.
ii. M/s Tianneng
Chemical Co.,
Ltd
iii. M/s Tianjin
Dagu Chemical
Co., Ltd
iv. M/s Xinjiang
Shengxiong
Chlor-Alkali
Co., Ltd
v. M/s Chiping
Xinfa PVC Co.,
Ltd.
vi. M/s CNSG
Jilantai Salt
Chlori - Alkali
Chemical Co.,
Ltd.
vii. M/s Yibin
Haifeng Herui
Co., Ltd.
61.14 MT US Dollar
2.  3904 Homopolymer
of
vinyl chloride
monomer
(suspension
grade)
People’s
Republic
of China
People’s
Republic of
China
Any other producer
except
i to vii mentioned
above in column no.
(6)
147.96 MT US Dollar
3. 3904 Homopolymer
of
vinyl chloride
monomer
(suspension
grade)
People’s
Republic
of China
Any country
other than
People’s
Republic of
China
Any 147.96  MT US Dollar
4. 3904 Homopolymer
of
vinyl chloride
monomer
(suspension
grade)
United
States of
America
United States
of America
M/s Westlake Vinyls
Company LP or M/s
Westlake Vinyls,
Inc., or M/s Axial,
LLC
29.99 MT US Dollar
 5. 3904  Homopolymer
of
vinyl chloride
monomer
(suspension
grade)
United
States of
America
United States of
America
M/s Oxy Vinyls, LP  49.10 MT US Dollar
6. 3904 Homopolymer
of
vinyl chloride
monomer
(suspension
grade)
United
States of
America
United States
of America
Any other producer
except M/s Westlake
Vinyls Company LP,
M/s Westlake
Vinyls, Inc., M/s
Axial, LLC, M/s Oxy
Vinyls, LP
115.54 MT  US Dollar
7. 3904  Homopolymer
of
vinyl chloride
monomer
(suspension
grade)
United
States of
America
Any country
other than
United States
of America
Any 115.54  MT  US Dollar

Note: The product under consideration is Homopolymer of vinyl chloride monomer (PVC) (suspension grade) where various polymer chains are not linked to each other, which however, excludes the specialty poly vinyl chloride suspension resins such as cross-linked poly vinyl chloride, chlorinated poly vinyl chloride (CPVC), vinyl chloride – vinyl acetate copolymer (VC-Vac), poly vinyl chloride paste resin and poly vinyl chloride blending resin.

2. The anti-dumping duty imposed under this notification shall be effective for a period of 30 Months (unless revoked, superseded or amended earlier) from the 13th August, 2019 and shall be paid 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. 354/70/2007 –TRU (Pt. II)]

(Gunjan Kumar Verma)
Under Secretary to the Government of India

       

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