GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.82/2011-Customs
New Delhi, dated the 25th August, 2011
G.S.R. (E). Whereas, in the matter of import of PVC Flex Films (hereinafter
referred to as the subject goods), falling under Chapter 39 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 in its preliminary findings, vide,
notification No. 14/4/2010 -DGAD, dated the 22nd June, 2010, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 22nd June, 2010,
had recommended imposition of provisional anti-dumping duty on the imports of
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 provisional anti-dumping duty on the subject
goods, vide notification of the Government of India in the Ministry of Finance
(Department of Revenue),
No.79/2010–Customs, dated the 30th July, 2010,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R 646(E), dated the 30th July, 2010;
And whereas the designated authority vide its final findings vide notification
No.14/4/2010 -DGAD, dated the 29th July, 2011, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 29th July, 2011, had come to
the conclusion that-
- the subject goods had been exported to India from the subject country at
prices less than their normal values in the domestic market of the exporting
country;
- the dumping margins of the subject goods imported from the subject country
were substantial and above de minimis;
- the domestic industry had suffered material injury and the injury had been
caused due to dumped imports of the subject goods originating in or exported
from the subject country;
- the domestic industry had also been materially retarded due to the dumped
imports of subject goods from the subject country;
and recommended imposition of final anti-dumping duty on imports of subject goods,originating in or exported from the subject country.
Now, therefore, in exercise of the powers conferred by sub-section (1) of
section 9A of the said Customs Tariff Act, read with sub-section (5) of the said
section 9A and 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 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 produced by the
producers as specified in the corresponding entry in column (6), when exported
from the countries as specified in the corresponding entry in column (5), 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 equal to the amount 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.
Table
| Sl. No |
Sub- Heading |
Description |
Country of origin |
Country of Export |
Producer |
Exporter |
Amount |
Unit of Measurement |
Currency |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
| 1 |
39201019, 39201012, 39204900, 39219026, 39219029,
39269099, 39199090, 39181090, and 39189090 |
PVC Flex Film |
China PR |
China PR |
Heytex Technical Textiles (Zhangjiagang) Co.Ltd., China |
Heytex Technical Textiles (Zhangjiagang) Co.Ltd.,
China |
0.034 |
Kg |
US Dollar |
| 2 |
39201019, 39201012, 39204900, 39219026, 39219029,
39269099, 39199090, 39181090, and 39189090 |
PVC Flex Film |
China PR |
China PR |
Zhejiang Yuli Plastic Co Ltd |
Zhejiang Yuli Plastic Co Ltd |
0.441 |
Kg |
US Dollar |
| 3 |
39201019, 39201012, 39204900, 39219026, 39219029,
39269099, 39199090, 39181090, and 39189090 |
PVC Flex Film |
China PR |
China PR |
Any Combination of producer and exporter
other than Sl. No. 1 and 2 |
0.538 |
Kg |
US Dollar |
| 4. |
39201019, 39201012, 39204900, 39219026, 39219029,
39269099, 39199090, 39181090, and 39189090 |
PVC Flex Film |
China PR |
Any country other than China PR |
Any |
Any |
0.538 |
Kg |
US Dollar |
| 5. |
39201019, 39201012, 39204900, 39219026, 39219029,
39269099, 39199090, 39181090, and 39189090 |
PVC Flex Film |
Any country other than China PR |
China PR |
Any |
Any |
0.538 |
Kg |
US Dollar |
3. Nothing contained in this notification shall apply to,-
- PVC Rigid Film
- Cotton/Canvas Tarpaulin
- PVC Film
- Self-Adhesive Vinyl
- One Way Vision Film/Perforated Window Film
- Coloured Vinyl
- Mesh Banner/Fabric
4. The anti-dumping duty imposed shall be levied for a period of five years
(unless revoked, superseded or amended earlier) from the date of imposition of
provisional duty, that is, the 30th July, 2010 and shall be payable in Indian
currency.
Explanation. – For the purposes of this notification, rate of exchange for
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.354/108/2010-TRU]