Another 5 Years of Anti-dumping Duty on Tetrafluoroethane from China and Japan – Final Findings

[Customs Notification No. 61 dated 15th July 2011]

Whereas, in the matter of imports of 1, 1, 1, 2-Tetrafluoroethane or R-134a of all types (hereinafter referred to as the subject goods), falling under sub heading 2903 3919 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), originating in, or exported from, People’s Republic of China and Japan(hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings, vide, notification No.14/24/2009-DGAD, dated the 19th February, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th February, 2010, had come to the conclusion that,-

(a) the subject goods had been exported to India from the subject countries below its normal value;

(b) the domestic industry had suffered material injury;

and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from, the subject country;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification No. 52/2010-Customs, dated the 19th April, 2010, published in the Gazette of India, Extraordinary Part II, Section 3, sub-section (i), vide number G.S.R. 334(E), dated the 19th April, 2010;

And whereas, the designated authority, in its final findings vide notification No. 14/24/2009–DGAD, dated 10th May, 2011, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 10th May,2011, has come to the conclusion that,-

(a) the subject goods have been exported to India from the subject countries below its normal value;

(b) the domestic industry has suffered material injury, caused by the dumped imports from 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, 1975 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, on the basis of the aforesaid findings of the designated authority, hereby imposes definitive anti- dumping duty 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 specified in the corresponding entry in column (2),originating in the country specified in the corresponding entry in column (4), and exported from the country specified in the corresponding entry in column (5) and produced by the producer specified in the corresponding entry in column (6) and exported by the exporter specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and per unit of measurement specified in the corresponding entry in column (9) of the said Table.

Table
SNo	Sub- Heading	Description of goods	Country Of origin	Country Of export	Producer	Exporter	Duty amount	Unit of measure-ment	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1.	29033919	1,1,1,2-Tetrafluoroethane or R-134a	China PR	China PR	Sinochem Environmental Protection (Taicang) Co. Ltd.	Sinochem Environmental Protection (Taicang) Co. Ltd.	1.15	Kg	USD
2.	- Do -	- Do -	China PR	China PR	Sinochem Environmental Protection Taicang) Co. Ltd	Du-Pont Trading (Shanghai) Co. Ltd.	1.36	Kg	USD
3.	- Do -	- Do -	China PR	China PR	Sinochem Environmental Protection Chemicals (Xian) Co. Ltd.	Sinochem Environmental Protection Chemicals (Xian) Co. Ltd	1.15	Kg	USD
4.	- Do -	- Do -	China PR	China PR	Any Combination of producer and exporter other than Sl. No. 1 to 3		1.41	Kg	USD
5.	- Do -	- Do -	China PR	Any country other than China PR	Any	Any	1.41	Kg	USD
6	- Do -	- Do -	Any country other than China PR	China PR	Any	Any	1.41	Kg	USD
7	- Do -	1,1,1,2-Tetrafluoroetha or R-134 a	Japan	Japan	Any	Any	.69	Kg	USD
8	- Do -	- Do -	Japan	Any	Any	Any	.69	Kg	USD
9	- Do -	- Do -	Any country other than Japan	Japan	Any	Any	.69	Kg	USD

3. The anti-dumping duty imposed 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 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-1)]