PVC Paste Resin Anti-dumping duty to Continue for Five More Years in Review

· China, EU Still in Net, Russia, LG Chemicals and HCC from Korea Out

[Customs Notification No. 27 (ADD) dated 23^rd June 2016]

Whereas, the designated authority vide notification No.15/19/2014-DGAD, dated the 27th April, 2015, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th April, 2015, had initiated a review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), and in pursuance of rule 23 of 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 said rules), in the matter of continuation of anti-dumping duty on “Poly Vinyl Chloride Paste Resin” (hereinafter referred to as the subject goods), falling under heading 3904 of the First Schedule to the Customs Tariff Act, originating in or exported from, Korea RP, Taiwan, People’s Republic of China, Malaysia, Thailand and Russia, imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 66/2011-Customs, dated the 26th July, 2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 571(E), dated the 26th July, 2011; and originating in or exported from the European Union, imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 70/2010-Customs, dated the 25th June, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 553(E), dated the 25th June, 2010;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the aforesaid countries, upto and inclusive of the 25^th day of July, 2016 and 24^th day of June, 2016 respectively, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 25/2015- Customs(ADD), dated the 1^st June, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 443 (E), dated the 1^st June, 2015 and vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 26/2015-Customs(ADD), dated the 1^st June, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 444(E), dated the 1^st June, 2015;

And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the aforesaid countries (hereinafter referred to as the subject countries), the Designated Authority in its final findings published vide notification No. 15/19/2014-DGAD, dated the 26th April, 2016, in the Gazette of India, Extraordinary, Part I, Section 1, dated the 26th April, 2016, has come to the conclusion that,-

(a) there is continued dumping of the product concerned from the subject countries except Russia, and M/s LG Chemicals and M/s HCC from Korea RP, both in absolute terms and in relation to production/consumption in India causing injury to the domestic industry;

(b) imports are significantly undercutting the prices of the domestic industry, and are suppressing and depressing the domestic prices.

(c) dumping of the product under consideration from the subject countries except Russia, and M/s LG Chemicals and M/s HCC from Korea RP is likely to continue/intensify should the current antidumping duty be revoked,

and has recommended continued imposition of the following definitive anti-dumping duty on all imports of the subject goods, originating in, or exported, from the subject countries;

Now, therefore, in exercise of the powers conferred by sub-section (1) and sub-section

(5) of section 9A of the Customs Tariff Act, read with rules 18 and 23 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 and on the basis of 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, falling under 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 (4), exported from the countries specified in the corresponding entry in column (5), produced by the producers specified in the corresponding entry in column (6), exported by the exporters specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount specified in the corresponding entry in column (8), in the currency specified in the corresponding entry in column (10) and as per unit of measurement specified in the corresponding entry in column (9) of the said Table, namely:-

Table
SNo.	Heading	Description of goods (*)	Country of origin	Country of export	Producer	Exporter	Amount	Unit	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1.	3904	Poly Vinyl Chloride Paste Resin	Korea RP	Korea RP	Hanwha Chemical Corporation	Hanwha Chemical Corporation	0	MT	US Dollar
2.	3904	Poly Vinyl Chloride Paste Resin	Korea RP	Korea RP	M/s LG Chem Ltd.	M/s LG Chem Ltd.	0	MT	US Dollar
3.	3904	Poly Vinyl Chloride Paste Resin	Korea RP	Korea RP	Any other than Sl. No. 1 & 2		379	MT	US Dollar
4.	3904	Poly Vinyl Chloride Paste Resin	Korea RP	Any country other than the subject countries and countries attracting Anti-Dumping Duty under any other notification	Any	Any	379	MT	US Dollar
5.	3904	Poly Vinyl Chloride Paste Resin	Any country other than the subject countries and countries attracting Anti- Dumping Duty under any other notification	Korea RP	Any	Any	379	MT	US Dollar
6.	3904	Poly Vinyl Chloride Paste Resin	China PR	China PR	Any	Any	88	MT	US Dollar
7.	3904	Poly Vinyl Chloride Paste Resin	China PR	Any country other than the subject countries and countries attracting Anti-Dumping Duty under any other notification	Any	Any	88	MT	US Dollar
8.	3904	Poly Vinyl Chloride Paste Resin	Any country other than the subject countries and countries attracting Anti-Dumping Duty under any other notification	China PR	Any	Any	88	MT	US Dollar
9.	3904	Poly Vinyl Chloride Paste Resin	Malaysia	Malaysia	Any	Any	214	MT	US Dollar
10.	3904	Poly Vinyl Chloride Paste Resin	Malaysia	Any country other than the subject countries and countries attracting Anti-Dumping Duty under any other notification	Any	Any	214	MT	US Dollar
11.	3904	Poly Vinyl Chloride Paste Resin	Any country other than the subject countries and countries attracting Anti-Dumping Duty under any other notification	Malaysia	Any	Any	214	MT	US Dollar
12.	3904	Poly Vinyl Chloride Paste Resin	Taiwan	Taiwan	Any	Any	101	MT	US Dollar
13.	3904	Poly Vinyl Chloride Paste Resin	Taiwan	Any country other than the subject countries and countries attracting Anti-Dumping Duty under any other notification	Any	Any	101	MT	US Dollar
14.	3904	Poly Vinyl Chloride Paste Resin	Any country other than the subject countries and countries attracting Anti-Dumping Duty under any other notification	Taiwan	Any	Any	101	MT	US Dollar
15.	3904	Poly Vinyl Chloride Paste Resin	Thailand	Thailand	Any	Any	111	MT	US Dollar
16.	3904	Poly Vinyl Chloride Paste Resin	Thailand	Any country other than the subject countries and countries attracting Anti-Dumping Duty under any other notification	Any	Any	111	MT	US Dollar
17.	3904	Poly Vinyl Chloride Paste Resin	Any country other than the subject countries and countries attracting Anti-Dumping Duty under any other notification	Thailand	Any	Any	111	MT	US Dollar
18.	3904	Poly Vinyl Chloride Paste Resin	European Union	European Union	Any	Any	298	MT	US Dollar
19.	3904	Poly Vinyl Chloride Paste Resin	European Union	Any country other than the subject countries and countries attracting Anti-Dumping Duty under any other notification	Any	Any	298	MT	US Dollar
20.	3904	Poly Vinyl Chloride Paste Resin	Any country other than the subject countries and countries attracting Anti-Dumping Duty under any other notification	European Union	Any	Any	298	MT	US Dollar

* Note: The following shall be excluded from the scope of levy of the above anti-dumping duty:

(i) Blending resin;

(ii) Co-polymers of PVC paste resin;

(iii) Battery separator resin; and

(iv) PVC Paste Resin of K value below 60

2. The anti-dumping duty imposed under this notification shall be levied for a period of five years 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.

[F. No. 354/92/2015-TRU]