Flexible Slabstock Polyol from China, Korea, Taiwan and Brazil – Final Findings

Ntfn 04         Whereas, in the matter of import of
24.01.2005   Flexible Slabstock Polyol, falling
                     under Sub- heading 3907 20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, Republic of Korea, Taiwan (hereinafter mentioned as Chinese Taipei) and Brazil (the said four countries are hereinafter referred to as the subject countries), the designated authority vide its preliminary findings notification No.14/4/2003-DGAD, dated the 11th December, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th December, 2003, had come to the conclusion that -

(a) Flexible Slabstock Polyol, originating in, or exported from the subject countries, has been exported to India below its normal value;

(b) the domestic industry has suffered material injury;

(c)         the material injury has been caused cumulatively to the domestic industry by dumping of Flexible Slabstock Polyol , originating in, or exported from the subject countries;

and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Flexible Slabstock Polyol, originating in, or exported from, the subject countries;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Flexible Slabstock Polyol vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.21/2004-Customs, dated the 20th January, 2004, [G.S.R. 54(E), dated the 20th January, 2004], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 20th January, 2004;

And whereas, the designated authority, vide its final findings notification No.14/4/2003-DGAD, dated the 11th November, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th November, 2004, has come to the conclusion that–

(a)         Flexible Slabstock Polyol of Molecular weight 3000 to 4000 has been exported to India from the subject countries below the normal value;

(b)         the domestic industry has suffered material injury;

(c)         the material injury has been caused cumulatively by the dumped imports from subject countries;

and has also recommended the imposition of definitive anti-dumping duty on all imports of Flexible Slabstock Polyol, originating in, or exported from, the subject countries;

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and 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, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under Sub-heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.

Table

SNo.

Sub-heading

Description of goods

Specification

Country of origin

Country of Export

Producer

Exporter

Amount

Unit of measurement

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1.

3907 20

Flexible Slabstock Polyol

Molecular Weight 3000 to 4000

People’s Republic of China

Any Country

Any Producer

Any Exporter

1472.77

Metric Tonne

US Dollar

2.

3907 20

Flexible Slabstock Polyol

Molecular Weight 3000 to 4000

Any Country

People’s Republic of China

Any Producer

Any Exporter

1472.77

Metric Tonne

US Dollar

3.

3907 20

Flexible Slabstock Polyol

Molecular Weight 3000 to 4000

Republic of Korea

Any Country

Any Producer

Any Exporter

1472.77

Metric Tonne

US Dollar

4.

3907 20

Flexible Slabstock Polyol

Molecular Weight 3000 to 4000

Any Country

Republic of Korea

Any Producer

Any Exporter

1472.77

Metric Tonne

US Dollar

5.

3907 20

Flexible Slabstock Polyol

Molecular Weight 3000 to 4000

Chinese Taipei

Any Country

Any Producer

Any Exporter

1472.77

Metric Tonne

US Dollar

6.

3907 20

Flexible Slabstock Polyol

Molecular Weight 3000 to 4000

Any Country

Chinese Taipei

Any Producer

Any Exporter

1472.77

Metric Tonne

US Dollar

7.

3907 20

Flexible Slabstock Polyol

Molecular Weight 3000 to 4000

Brazil

Any Country

Any Producer

Any Exporter

1472.77

Metric Tonne

US Dollar

8.

3907 20

Flexible Slabstock Polyol

Molecular Weight 3000 to 4000

Any Country

Brazil

Any Producer

Any Exporter

1472.77

Metric Tonne

US Dollar

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 20th January, 2004, and shall be paid in Indian currency.

3.  This notification shall remain in force upto and inclusive of the 23rd July, 2009, unless the notification is revoked earlier [Inserted by 138/31.12.2008]

Explanation. - For the purposes of this notification,-

(a)         “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(b)         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 sub-clause (i) of clause (a) of sub-section (3) of 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.