Anti-dumping Duty of $738.73 per MT Imposed on Silicone Sealants from China on Alstone Industries Complaint
[Notification No. 74/2021-Customs
(ADD)
dated 21 December 2021]
Seeks to levy anti-dumping duty on
imports of 'Silicone Sealant' originating in or exported from China PR for a
period of five years.
G.S.R.---(E).- – Whereas,
in the matter of “Silicone
Sealants
excluding
silicon sealants used in manufacturing of solar photovoltaic modules, and thermal power
applications” (hereinafter referred
to as the subject goods),
falling under Chapter 32 and
35 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 the China PR (hereinafter referred to as the subject country) and imported into India, the designated authority in its final findings vide
notification F. No. 06/31/2020-DGTR, dated the 23rd
September, 2021, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th September, 2021, has
come to the conclusion
that-
(i) the product under consideration has been exported at a price below normal value,
thus resulting in dumping;
(ii) the domestic industry has suffered material injury;
(iii) there is causal link
between dumping
of product under consideration and
injury to the domestic
industry,
and
has recommended imposition of anti-dumping duty on imports of the subject goods, originating in, or exported from the subject countries and imported into India, in order to
remove injury to the domestic industry.
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 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, 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 Chapters
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), and imported into India, an anti-dumping duty
at
the rate equal to the amount as specified in the corresponding
entry
in column (7), in the currency as specified in the corresponding entry
in column (9) and
as
per unit of measurement as specified in the corresponding entry
in column (8) of the said
Table, namely :-
|
Table |
||||||||
|
S. No. |
Chapter |
Description* |
Country
of Origin |
Country
of export |
Producer |
Amount |
Unit |
Currency |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
1 |
32
and 35 |
Silicone
Sealants
excluding
silicon sealants used in manufacturing of solar photovoltaic modules, and
thermal power applications |
China
PR |
Any country includin g China PR |
Anhui
Join Leader
New Material s Technol ogy Co., Ltd. |
396.99 |
Per
MT |
USD |
|
2 |
-do- |
-do- |
China
PR |
Any country includin g China PR |
Shandon
g Dongyu e Silicone Material
Co., Ltd. |
501.55 |
Per
MT |
USD |
|
3 |
-do- |
-do- |
China
PR |
Any country includin g China PR |
Any producer other than serial no 1 to 2 |
738.73 |
Per
MT |
USD |
|
4 |
-do- |
-do- |
Any country other than China PR |
China
PR |
Any producer |
738.73 |
Per
MT |
USD |
*The
following products are
excluded from
the product description:
(i) Polyurethane
Sealant
(ii) Polyurethane Foam
(iii) Polyurethane
Foam Cleaner
(iv) Solar
Potting
Silicone
(v) Acrylic Sealant
(vi) Acrylic
Neutral Sealant
(vii) Acrylic Weather Sealant
(viii) Siliconised Acrylic Sealant
(ix) RoHS grade
Silicone Sealant
(x) REACH grade Silicone
Sealant
(xi) Fire resistant/retardant Silicone Sealant
(xii) Silicone Sealant used
for car and bus windshield pasting
(xiii) Silicone
Sealant used for
bus body pasting
(xiv) Silicone Sealant used
for building expansion
joints
(xv) MS Polymer based Sealant
(xvi) Industrial RTV Silicone Sealant
(xvii) High-temperature Neutral Silicone
(xviii) Two-component Silicone Sealant
(xix) Paintable Sealants
(xx) Non-bleeding
Weather Silicone
(xxi) Insulating Glass Silicone
(xxii) Nail free adhesive or
Mirror
fix
adhesive
Provided the product exclusion with regard to below mentioned products will be
strictly limited to actual users only. The actual users shall provide declarations to customs at the time of import
regarding bonafide
usage in this regard. Actual users would also maintain the monthly record
in
the form of verifiable consumption register for presentation before any law
enforcing agency on demand
(i) Silicone
Sealant used for
car and bus windshield pasting
(ii) Silicone Sealant used
for bus body pasting
(iii) Silicone Sealant used
for building expansion
joints
2.
The anti-dumping duty imposed under this notification shall be levied 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 payable
in Indian
currency.
Explanation.- For
the purposes of this notification, rate
of exchange applicable
for the purpose 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. CBIC-190354/270/2021-TRU Section-CBEC]