GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE
Notification No. 10/2017-Customs (ADD)
New Delhi, the 24th March, 2017
G.S.R. (E).- Whereas, in the matter of import of 1,1,1,2-Tetrafluoroethane or
R-134a (hereinafter referred to as the subject goods), falling under the tariff
item 2903 39 19 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975), originating in or exported from People’s Republic of China (hereinafter
referred to as the subject country), the designated authority, vide its final
findings in notification No.15/23/2014-DGAD, dated the 30th May, 2016, published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th May,
2016, had come to the conclusion that -
- there was continued dumping of the subject goods from the subject
country;
- imports were significantly undercutting the prices of the domestic
industry and were depressing the domestic prices;
- the financial performance of the domestic industry had deteriorated and
the dumped imports from the subject country continued to cause injury to the
domestic industry;
- dumping of the subject goods from the subject country was likely to
continue if the current anti-dumping duty ceased,
and had recommended continued imposition of definitive anti-dumping duty on
imports of the 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 an anti-dumping duty on the
subject goods, vide, notification of the Government of India in the Ministry of
Finance (Department of Revenue),
No.30/2016-Customs (ADD), dated the 11th July,
2016, published vide number G.S.R. 675(E) in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-Section (i), dated the 11th July, 2016.
And whereas, M/s. Zhejiang Sanmei Chemical Ind. Co., Ltd., People’s Republic
of China (Producer or Exporter), M/s Zhejiang Sanmei Chemical Products Co., Ltd,
People’s Republic of China (Exporter) and M/s Jiangsu Sanmei Chemical Ind. Co.,
Ltd, People’s Republic of China (Producer) have requested for review in terms of
rule 22 of the Customs Tariff (Identification, Assessment and Collection of
Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995, in respect of exports of the subject goods made by them, and the
designated authority, vide new shipper review notification No.15/22/2016- DGAD,
dated 27th February, 2017, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 27th February, 2017, has recommended provisional
assessment of all exports of the subject goods made by the above stated parties
till the completion of the review by it.
Now therefore, in exercise of the powers conferred by sub-rule (2) of rule 22
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 recommendation of the
designated authority, hereby orders that pending the outcome of the said review
by the designated authority, the subject goods, when originating in or exported
from the subject country by M/s. Zhejiang Sanmei Chemical Ind. Co., Ltd.,
People’s Republic of China (Producer or Exporter), M/s Zhejiang Sanmei Chemical
Products Co., Ltd, People’s Republic of China (Exporter) and M/s Jiangsu Sanmei
Chemical Ind. Co., Ltd, People’s Republic of China (Producer) and imported into
India, shall be subjected to provisional assessment till the review is
completed.
2. The provisional assessment may be subject to such security or guarantee as
the proper officer of customs deems fit for payment of the deficiency, if any,
in case a definitive antidumping duty is imposed retrospectively, on completion
of investigation by the designated authority.
3. In case of recommendation of anti-dumping duty after completion of the
said review by the designated authority, the importer shall be liable to pay the
amount of such antidumping duty recommended on review and imposed on all imports
of subject goods when originating in or exported from the subject country by
M/s. Zhejiang Sanmei Chemical Ind. Co., Ltd., People’s Republic of China
(Producer or Exporter), M/s Zhejiang Sanmei Chemical Products Co., Ltd, People’s
Republic of China (Exporter) and M/s Jiangsu Sanmei Chemical Ind. Co., Ltd,
People’s Republic of China (Producer) and imported into India, from the date of
initiation of the said review.
(Anurag Sehgal) Under Secretary to the Government of India
[F. No.354/24/2010-TRU (Pt.-3)]
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