PVC Flex Films from China Anti-dumping
Duty to Continue for Five More Years – Final Findings
[Customs Notification
No. 42 (ADD) dated 8th August 2016]
Whereas, the designated
authority, vide notification No.15/13/2015-DGAD, dated the 27th July, 2015,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
28th July, 2015 had initiated a review in the matter of continuation of
anti-dumping duty on imports 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) (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) imposed vide notification of the Government
of India, in the Ministry of Finance (Department of Revenue) 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;
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 29th
day of July, 2016, vide notification of the Government of India, in the
Ministry of Finance (Department of Revenue) 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, in the
matter of review of anti-dumping duty on import of the subject goods,
originating in or exported from the subject country, the designated authority
in its final findings, published vide notification No.15/13/2015-DGAD, dated
the 30th June, 2016, in the Gazette of India, Extraordinary, Part I, Section 1,
has come to the conclusion that-
i. the subject goods from the subject country
continue to enter the Indian market at dumped prices;
ii. dumping margin and injury margin are positive
and significant;
iii. imposition of anti-dumping duty has prevented
dumping causing injury to the domestic industry;
iv. price undercutting is likely to be
significantly positive in the event of cessation of anti-dumping duty;
v. in the event of withdrawal of the anti-dumping
duties, there is likelihood of dumping and injury to the domestic industry;
and has recommended
continued imposition of the anti-dumping duty on the subject goods, originating
in or exported from the subject country;
Now, therefore, in
exercise of the powers conferred by sub-sections (1) and (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 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 the heading of the
First Schedule to the 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), exported from the countries as specified in the
corresponding entry in column (5), produced by the producers as specified in
the corresponding entry in column (6), exported by the exporters as specified
in the corresponding entry in column (7), and imported into India, an
anti-dumping duty at the rate 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 as per unit of measurement as specified
in the corresponding entry in column (9) of the said Table, namely:-
|
Table |
|||||||||
|
S.
No |
Heading |
Description
of goods |
Country
of Origin |
Country
of export |
Producer |
Exporter |
Amount |
Unit
of measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1. |
3918,
3919, 3920, 3921 or 3926 |
PVC
Flex Films |
People’s
Republic of China |
People’s
Republic of China |
Heytex
Technical Textiles (Zhangjiagang) Co. Ltd. |
Heytex
Technical Textiles (Zhangjiagang) Co. Ltd. |
0.034 |
Kilogram |
US
Dollar |
|
2. |
3918,
3919, 3920, 3921 or 3926 |
PVC
Flex Films |
People’s
Republic of China |
People’s
Republic of China |
Any
combination other than at S. No. 1 |
0.538 |
Kilogram |
US
Dollar |
|
|
3. |
3918,
3919, 3920, 3921 or 3926 |
PVC
Flex Films |
People’s
Republic of China |
Any
other than People’s Republic of China |
Any |
Any |
0.538 |
kilogram |
US
Dollar |
|
4. |
3918,
3919, 3920, 3921 or 3926 |
PVC
Flex Films |
Any
other than People’s Republic of China |
People’s
Republic of China |
Any |
Any |
0.538 |
kilogram |
US
Dollar |
Note: The following
products are excluded from the scope of the subject goods:
(i) PVC Rigid Films;
(ii) Cotton or Canvas Tarpaulins;
(iii) PVC Film;
(iv) Self-Adhesive Vinyl;
(v) One Way Vision Film or Perforated Window
Film;
(vi) Coloured Vinyl; and
(vii) Mesh Banner or Fabric
2. The anti-dumping duty imposed under this
notification shall be effective for a period of five years (unless revoked, superseded
or amended earlier) from the date of publication of this notification in the
Official Gazette and 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.354/108/2010-TRU
(Pt.-II)]