Anti-dumping Duty of US$2637 per MT Continue on Polytetrafluoroethylene
(PTFE) from China
[Notification No. 25/2021-Customs (ADD)
dated 26 April 2021]
G.S.R.
---(E). - Whereas, in the matter of review of anti-dumping
duty on imports of ‘Polytetrafluoroethylene (PTFE)’ falling under the tariff item
3904 61 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter
referred to as the Customs Tariff Act), originating in or exported from China PR,
the designated authority, vide its final findings in notification No. 15/11/2016-DGAD,
dated the 23rd June, 2017, published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd
June, 2017, had recommended imposition of
the anti-dumping duty on Polytetrafluoroethylene or PTFE, originating in or exported
from China PR.
And
whereas, on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed anti-dumping duty on imports of ‘Polytetrafluoroethylene
(PTFE)’, originating in or exported from China PR, vide notification of the Government
of India in the Ministry of Finance (Department of Revenue), No.36/2017-Customs
(ADD), dated the 28th July, 2017,
published vide number G.S.R. 966(E) in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-section (i), dated the 28th
July, 2017.
And
whereas, the designated authority, vide notification No.07/22/2020-DGTR, dated the
19th June, 2020, published in
the Gazette of India, Extraordinary, Part I, Section 1 dated the 19th
June, 2020, in the matter of circumvention
of the anti-dumping duty imposed on imports of ‘Polytetrafluoroethylene (PTFE)’
originating in or exported from China PR, had initiated an investigation to determine
the need for extending the anti-dumping duty imposed on imports of ‘Polytetrafluoroethylene
(PTFE)’, originating in or exported from China PR, vide notification of the Government
of India in the Ministry of Finance (Department of Revenue), No. 36/2017-Customs
(ADD), dated the 28th July, 2017,
published vide number G.S.R. 966(E) in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-section (i), dated the 28th
July, 2017, to the imports of ‘Polytetrafluoroethylene
(PTFE) Products’ (hereinafter referred to as the ‘subject goods’) falling under
the tariff headings 3904, 3907, 3910, 3916, 3917, 3918, 3919, 3920, 3921, 3922,
3923, 3924, 3925 and 3926 of the First Schedule to the Customs Tariff Act, originating
in, or exported from China PR (hereinafter referred to as the subject country) into
India.
And
whereas, the designated authority in its final findings, published vide notification
No.07/22/2020-DGTR, dated the 27th January, 2021, in the Gazette of India, Extraordinary,
Part I, Section 1, has come to the conclusion that-
(i) there has been a change in pattern of trade
in case of subject goods from the subject country;
(ii) the value addition
in converting Polytetrafluoroethylene (PTFE) to subject goods is significantly less
than that the prescribed threshold in the Customs Tariff (Identification, Assessment
and Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995 (hereinafter referred to as the Anti-dumping Rules);
(iii) imports of subject goods from the subject country are entering
at dumped prices;
(iv) the import of subject goods from the subject country has undermined
the remedial effect of existing anti-dumping measure on the imports of Polytetrafluoroethylene
(PTFE) originating in or exported from China PR,
and
has recommended imposition of the existing anti-dumping duty imposed on the imports
of ‘Polytetrafluoroethylene (PTFE)’, originating in or exported from China PR, vide
notification of the Government of India in the Ministry of Finance (Department of
Revenue), No. 36/2017-Customs (ADD), dated the 28th July, 2017, published vide number G.S.R. 966(E)
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 28th July, 2017, on the subject goods, originating in
or exported from the subject country.
Now,
therefore, in exercise of the powers conferred by sub-sections (1), (1A) and (5)
of section 9A of the Customs Tariff Act, read with rule 27 of the Anti-dumping Rules,
the Central Government, after considering 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 Table below, specification of which is specified in column
(4), falling under tariff heading of the First Schedule to the Customs Tariff Act,
specified in the corresponding entry in column (2), originating in the countries
specified in the corresponding entry in column (5), exported from the countries
specified in the corresponding entry in column (6), produced by the producers specified
in the corresponding entry in column (7), exported by the exporters specified in
the corresponding entry in column (8) and imported into India, an anti-dumping duty
at the rate equal to the amount specified in the corresponding entry in column (9),
in the currency specified in the corresponding entry in column (11) and as per unit
of measurement specified in the corresponding entry in column (10) of the said Table,
namely:-
|
Table |
||||||||||
|
S.No. |
Tariff
heading |
Description
of goods |
Specifi
cation |
Country
of origin |
Country
of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1. |
3904,
3907, 3910, 3916, 3917, 3918, 3919, 3920, 3921, 3922, 3923, 3924, 3925, 3926 |
Polytetraflu
orethylene (PTFE) Products * |
Any |
China
PR |
China
PR |
Any |
Any |
2637 |
MT |
US
Dollar |
|
2. |
3904,
3907, 3910, 3916, 3917, 3918, 3919, 3920, 3921, 3922, 3923, 3924, 3925, 3926 |
Polytetraflu
orethylene (PTFE) Products * |
Any |
China
PR |
Any
other than Russia or China PR |
Any |
Any |
2637 |
MT |
US
Dollar |
|
3. |
3904,
3907, 3910, 3916, 3917, 3918, 3919, 3920, 3921, 3922, 3923, 3924, 3925, 3926 |
Polytetraflu
orethylene (PTFE) Products * |
Any |
Any
other than Russia or China PR |
China
PR |
Any |
Any |
2637 |
MT |
US
Dollar |
* includes PTFE Products or Processed PTFE
Components, including and not limited to bush, rod, sheet, tape, tube and thread
seal tape.
2.
The anti-dumping duty imposed under this
notification shall be effective from the date of publication of this notification
in the Official Gazette and will be co-terminus with the anti-dumping duty on Polytetrafluoroethylene
(PTFE) as levied vide aforesaid notification No. 36/2017-Customs (ADD), dated the
28th July, 2017, published vide
number G.S.R. 966(E), dated the 28th July, 2017 (unless revoked, superseded or amended
earlier), and the anti-dumping duty shall be paid 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.
[F. No. 354/113/2020-TRU]