GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.66 /2011-Customs
New Delhi, 26th July, 2011
G.S.R. (E). - Whereas in the matter of imports of Poly Vinyl Chloride Paste
Resin (hereinafter referred to as the subject goods), falling under sub- heading
3904 22 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
(hereinafter referred as the said Customs Tariff Act), originating in, or
exported from, People’s Republic of China, Japan, Republic of Korea, Malaysia,
Russia, Taiwan and Thailand (hereinafter referred as the subject countries) and
imported into India, the designated authority in its preliminary findings vide
notification No.14/36/2009-DGAD, dated the 11th June, 2010, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 11th June, 2010,
had come to the conclusion that-
- the subject goods had been exported to India from the subject countries
below associated normal values, thus resulting in dumping of the subject goods;
- the domestic industry had suffered material injury in respect of the subject
goods;
- the material injury to the domestic industry had been caused by the dumped
imports of the subject goods from the subject countries;
and had recommended imposition of provisional anti-dumping duty on the imports
of subject goods, originating in, or exported from, the subject countries;
And whereas, on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed provisional anti-dumping duty on the subject
goods vide
notification No. 77/2010-Customs, dated 26th July, 2010, published in
the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide
number G.S.R.633(E), dated the 26th July, 2010;
And whereas, the designated authority, in its final findings vide notification
No. 14/36/2009–DGAD, dated 2nd May, 2011, published in the Gazette of India,
Extraordinary, Part I, section 1, dated the 2nd May,2011, had come to the
conclusion that,-
- the product under consideration had been exported to India from the subject
countries ( except Japan), below their associated normal values, except in the
cases wherein the dumping margin has been found to be negative.
- the domestic industry had suffered material injury in respect of the product
under consideration.
- the material injury to the domestic industry had been caused by the dumped
imports of the subject goods from the subject countries(except Japan).
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, 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 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 sub-heading
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), and produced by the
producers as specified in the corresponding entry in column (6), and exported by
the exporters as specified in the corresponding entry in column (7), and
imported into India, an anti-dumping duty at a rate which is equivalent to the
difference between, the reference price as specified in the corresponding entry
in column (8), in the currency as specified in the corresponding entry in column
(10) and per unit of measurement as specified in the corresponding entry in
column (9), of the said Table, and the landed value of such imported goods in
like currency per like unit of measurement.
Table
Sl. No.
|
Sub-heading
|
Description of goods
|
Country of origin
|
Country of exports
|
Producer
|
Exporter
|
Reference price
|
Unit
|
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
China PR |
China PR |
Any |
Any |
1707 |
MT |
US Dollar |
2 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
China PR |
Any country other than subject countries |
Any |
Any |
1707 |
MT |
US Dollar |
3 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Any country other than subject countries |
China PR |
Any |
Any |
1707 |
MT |
US Dollar |
4 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Malaysia |
Malaysia |
M/s Kaneka Paste Polymers Sdn., Japan |
M/s Mitsui & Co (Asia Pacific) Pte. Ltd., Malaysia |
1471 |
MT |
US Dollar |
5 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Malaysia |
Any country other than subject countries |
Any other than Sl.No.4 |
1471 |
MT |
US Dollar |
6 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Any country other than subject countries |
Malaysia |
Any |
Any |
1471 |
MT |
US Dollar |
7 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Korea RP |
Korea RP |
M/s Hanwha Chemical Corporation |
M/s Hanwha Chemical Corporation |
NIL |
MT |
US Dollar |
8 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Korea RP |
Korea RP |
M/s LG Chem Ltd. |
M/s LG Chem Ltd. |
NIL |
|
|
9 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Korea RP |
Any country other than subject countries |
Any other than Sl.No.7 and 8 |
1706 |
MT |
US Dollar |
10 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Any country other than subject countries |
Korea RP |
Any |
Any |
1706 |
MT |
US Dollar |
11 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Taiwan |
Taiwan |
M/s Formosa Plastics Corporation |
M/s Formosa Plastics Corporation |
NIL |
MT |
US Dollar |
12 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Taiwan |
Any country other than subject countries |
Any other than Sl.No.11 |
1701 |
MT |
US Dollar |
13 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Any country other than subject countries |
Taiwan |
Any |
Any |
1701 |
MT |
US Dollar |
14 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Russia |
Russia |
Any |
Any |
1701 |
MT |
US Dollar |
15 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Russia |
Any country other than subject countries |
Any |
Any |
1691 |
MT |
US Dollar |
16 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Any country other than subject countries |
Russia |
Any |
Any |
1691 |
MT |
US Dollar |
17 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Thailand |
Thailand |
Any |
Any |
1551 |
MT |
US Dollar |
18 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Thailand |
Any country other than subject countries |
Any |
Any |
1551 |
MT |
US Dollar |
19 |
39042190, 39042210 |
Poly Vinyl Chloride Paste Resin |
Any country other than subject countries |
Thailand |
Any |
Any |
1551 |
MT |
US Dollar |
Explanation.- For the purposes of this notification, “Poly Vinyl Chloride Paste
Resin” shall not include “Blending resin”, “Co-polymers of PVC paste resin”,
“Battery separator resin” and “PVC paste resin of K value below 60”.
2. The anti-dumping duty imposed under this notification shall be effective for
a period of five years (unless revoked, superseded or amended earlier) from the
date of imposition of provisional duty, that is, the 26th July, 2010 and shall
be payable in Indian currency.
Explanation. – For the purpose of this notification,-
- “Landed value” of imports shall be the assessable value as determined under
the Customs Act, 1962 and includes all duties of customs except duties levied
under Sections 3, 3A, 8B, 8C, 9 and 9A of the said Customs Tariff Act.
- “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.
(Sanjeev Kumar Singh)
Under Secretary to the Government of India.
[F.No.354/107/2010 –TRU (Pt-1)]