$0.538 per kg Dumping Duty Imposed on Haining Tianfu Warp Knitting
China and Manna Korea in PVC Flex Film Case after New Shipper Review
[Customs Notification No. 41 (ADD)
dated 8th August 2016]
Whereas, in the matter of import of PVC
Flex Film (hereinafter referred to as the subject goods), falling under Chapter 39 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 People’s Republic of China
(hereinafter referred to as the subject country), the designated authority vide
its final findings in 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 recommended imposition of anti-dumping duty on
all imports of the subject goods originating in or exported from the subject
country in order to remove the injury to the domestic industry;
And whereas, on the basis of the
aforesaid findings of the designated authority, the Central Government had
imposed an anti-dumping duty on the subject goods vide notification of the Government of India, in
the Ministry of Finance (Department of Revenue), No.82/2011-Customs, dated the
25th August, 2011, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-Section (i) vide number G.S.R.643(E),
dated the 25th August, 2011, subsequently amended vide No.43/2015-Customs (ADD), dated the 18th
August, 2015, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub- Section (i) vide number G.S.R.641(E), dated the 18th August, 2015;
And whereas, M/s Haining
Tianfu Warp Knitting Co. Ltd, People's Republic of
China (Producer) and M/s Manna, Korea RP (Exporter) had requested for review in
terms of rule 22 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 respect of exports of the subject goods made by them,
and the designated authority vide new shipper review notification
No.15/23/2011-DGAD, dated 12th April, 2012, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 12th April, 2012, had recommended
provisional assessment of all exports of the subject goods by M/s Haining Tianfu Warp Knitting Co.
Ltd, People's Republic of China (Producer) and M/s Manna, Korea RP (Exporter)
when imported into India, till the completion of the review by it;
And whereas, in exercise of the powers
conferred by sub-rule (2) of rule 22 of the said rules, the Central Government, after
considering the aforesaid recommendation of the designated authority vide notification of the Government of India in
the Ministry of Finance (Department of Revenue), No.24/2012-Customs (ADD),
dated the 14th May, 2012, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number
G.S.R.359(E), dated the 14th May, 2012 had
ordered that pending the outcome of the said review by the designated
authority, the subject goods, when exported by M/s Haining
Tianfu Warp Knitting Co. Ltd, People's Republic of
China (Producer) and M/s Manna, Korea RP (Exporter) and imported into India,
shall be subjected to provisional assessment till the review is completed;
And whereas, the designated authority
in the matter of new shipper review initiated vide notification
No.15/23/2011-DGAD, dated 12th April, 2012, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 12th April, 2012 vide its final
findings in notification No.15/23/2011-DGAD, dated 29th June, 2016, published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th June,
2016 has concluded that no individual dumping margin is justified in respect of
exports of the subject goods to India by M/s Haining Tianfu Warp Knitting Co. Ltd, People's Republic of China
(Producer) and M/s Manna, Korea RP (Exporter) and has accordingly recommended
that the exports of the subject goods by M/s Haining Tianfu Warp Knitting Co. Ltd, People's Republic of China
(Producer) and M/s Manna, Korea RP (Exporter), during the period from the date
of initiation of the present new shipper review investigation recommending
provisional assessment, may be subjected to levy of anti-dumping duty as
imposed earlier on the imports of the subject goods, originating in or exported
from People's Republic of China vide Notification
No.82/2011-Customs, dated the 25th August, 2011, subsequently amended videNo.43/2015-Customs
(ADD), dated the 18th August, 2015, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-Section (i)
vide number G.S.R.641(E), dated the 18th August, 2015, at the rate of USD 0.538 per kg;
Now, therefore, in exercise of the
powers conferred by sub-section (1) of
section 9A of the Customs Tariff Act, read with rules 18, 20, 22 and 23 of
the said rules, and in supersession of the notification
of the Government of India in the Ministry of Finance (Department of Revenue), No.24/2012-Customs
(ADD), dated the 14th May, 2012, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i)
vide number G.S.R.359(E), dated the 14th May, 2012, the Central Government,
except as respects things done or omitted to be done before such supersession,
hereby orders that all imports of the subject goods produced by M/s Haining Tianfu Warp Knitting Co.
Ltd, People's Republic of China (Producer) and exported by M/s Manna, Korea RP
(Exporter) to India, which have been subjected to provisional assessment
pursuant to the notification of the Government of India in the Ministry of
Finance (Department of Revenue), No.24/2012-Customs (ADD), dated the 14th May,
2012, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R. 359(E), dated the
14th May, 2012 shall be subjected to final assessment
on the payment of anti-dumping duty as imposed vide notification of the Government of India in
the Ministry of Finance (Department of Revenue), No.82/2011- Customs, dated the
25th August, 2011 subsequently amended
vide No.43/2015-Customs (ADD), dated
the 18th August, 2015, published in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-Section (i) vide number
G.S.R.641(E), dated the 18th August, 2015, at the rate of USD 0.538 per kg.
[F. No. 354/108/2010
–TRU (Pt. -II)]