GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE)
Notification No. 05/2020-Customs (ADD)
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 antidumping 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:-
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 3904 10 20 3904 10 90 3904 21 00
3904 22 00 3904 90 10 3904 90 90 |
Chlorinated Polyvinyl Chloride Resin (CPVC) -
whether or not further processed into compound |
China PR |
Any country including China PR |
Shandong Gaoxin Chemical Co Ltd |
CPVC Resin |
2,087 |
1B |
China PR |
Any country including China PR |
CPVC Compound |
2,717 |
2A |
China PR |
Any country including China PR |
Shandong Pujie rubber and plastic Co. ltd |
CPVC Resin |
2,053 |
2B |
China PR |
Any country including China PR |
CPVC Compound |
2,853 |
3A |
China PR |
Any country including China PR |
|
CPVC Resin |
2,045 |
3B |
China PR |
Any country including China PR |
|
CPVC Compound |
2,853 |
4A |
China PR |
Any country including China PR |
|
CPVC Resin |
2,025 |
4B |
China PR |
Any country including China PR |
|
CPVC Compound |
2,853 |
5A |
China PR |
Any country including China PR |
|
CPVC Resin |
2,057 |
5B |
China PR |
Any country including China PR |
|
CPVC Compound |
2,657 |
6A |
China PR |
Any country including China PR |
|
CPVC Resin |
2,161 |
6B |
China PR |
Any country including China PR |
|
CPVC Compound |
2,853 |
7A |
Any country other than China PR and Korea
RP |
China PR |
Any |
CPVC Resin |
2,853 |
7B |
CPVC Compound |
2,853 |
8A |
Korea RP |
Any country including Korea PR |
Any |
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]
(Gaurav Singh) Deputy Secretary to the
Government of India
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