Anti-dumping Duty on Tetrafluoroethane from China – Marginal Cut in Review
[Customs Notification
No. 30 (ADD) dated 11th July 2016]
Whereas, the designated
authority, vide notification No.15/23/2014- DGAD, dated the 10th April, 2015, published
in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a
review in the matter of continuation of anti-dumping duty on imports of
1,1,1,2-Tetrafluoroethane or R-134a (hereinafter referred to as the subject
goods) falling under tariff item 2903 39 19
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) No. 61/2011-Customs, dated the 15th
July, 2011, published in the Gazette of India, Extraordinary, Part II, Section
3, Sub-section (i), vide number G.S.R.539(E), dated
the 15th July, 2011;
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.15/23/2014-DGAD, dated
the 30th May, 2016, in the Gazette of India, Extraordinary, Part I, Section 1,
has come to the conclusion that-
(i) there is continued
dumping of the subject goods from the subject country;
(ii) imports are
significantly undercutting the prices of the domestic industry and are
depressing the domestic prices;
(iii) the financial
performance of the domestic industry has deteriorated and the dumped imports
from the subject country continue to cause injury to the domestic industry;
(iv) dumping of the subject
goods from the subject country is likely to continue if the current
anti-dumping duty ceases,
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 tariff item 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 |
|||||||||
|
Sl. No. |
Tariff item |
Description of goods* |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measure ment |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1. |
2903 39 19 |
1,1,1,2- Tetrafluoroethane
or R-134a |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
1.22 |
kilogram |
US Dollar |
|
2. |
2903 39 19 |
1,1,1,2- Tetrafluoroethane
or R-134a |
People’s Republic of China |
Any other than People’s Republic of China |
Any |
Any |
1.22 |
kilogram |
US Dollar |
|
3. |
2903 39 19 |
1,1,1,2- Tetrafluoroethane
or R-134a |
Any other than People’s Republic of China |
People’s Republic of China |
Any |
Any |
1.22 |
kilogram |
US Dollar |
*Note: The cGMP
certified R-134a is excluded from the purview of the product under
consideration.
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.354/24/2010-TRU
(Pt.-2)]