[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
NOTIFICATION No. 33/2019-CUSTOMS (ADD)
New Delhi, the 26th August, 2019
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, has come to the conclusion that-
- i. the subject goods have been exported to India from the subject countries at prices less than their normal values in the domestic market of the exporting country;
- ii. the dumping margins of the subject goods imported from the subject countries is above de minimis and substantial;
- iii. the domestic industry is suffering material retardation and material injury due to the dumped imports of subject goods from the subject countries;
- iv. provisional antidumping duties are required to be imposed in order to address injury being suffered by the domestic industry during investigation.
and has recommended imposition of provisional anti-dumping duty equal to the difference between the landed value of the subject goods and the amount indicated in Column (7) of the Duty Table appended below, provided the landed value is less than the value indicated in Column (7). The landed value of imports for this purpose shall be the assessable value as determined by the customs under Customs Tariff Act, 1962 and applicable level of custom duties except duties levied under Section 3, 3A, 8B, 9, 9A of the Customs Tariff Act, 1975.
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 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 and exported from the countries as specified in the corresponding entry in column (4), produced by the producers as specified in the corresponding entry in column (5), specifications as specified in the corresponding entry in column (6), and imported into India, a provisional anti-dumping duty at the rate equal to the amount, currency and per unit of measurement as specified in the corresponding entry in column (7), of the said Duty Table:-
|Sr No||Tariff Items||Description of Goods||Country of Origin/ Export||Producer||Specification||Amount in USD Per MT|
|1.||39042110||Chlorinated Polyvinyl Chloride Resin (CPVC) - whether or not further processed into compound||China PR||Shandong Gaoxin Chemical Co Ltd||Resin||2,066|
|2.||39042290||Shandong Pujie rubber and plastic Co. ltd||Resin||2,072|
|3.||Shandong Xiangsheng New Materials Technology Co., Ltd.,||Resin||2,097|
|4.||Weifang Sundow Chemical Co. Ltd||Resin||2,031|
|5.||Shandong Xuye Materials Co. Ltd||Resin||2,057|
|6.||All other producers exporters||Resin||2,165|
|7.||Korea RP||All producers exporters||Resin||2,031|
2. The provisional anti-dumping duty imposed under this notification shall be effective for a period of six months (unless revoked, amended or superseded earlier) from the date of publication of this notification in the official Gazette and shall be payable 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.