Provisional
Anti-dumping Duty Imposed on PVC Flex Films from China
[Customs Notification
No. 82 dated 25th August 2011]
Whereas,
in the matter of import 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), originating in, or exported from, People’s Republic of
China (hereinafter referred to as the subject country), the designated
authority in its preliminary findings, vide, notification No. 14/4/2010 -DGAD,
dated the 22nd June, 2010, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 22nd June, 2010, 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 of the Government of India in the Ministry of Finance
(Department of Revenue), No.79/2010–Customs, dated the 30th July,
2010, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R 646(E), dated the 30th July, 2010;
And whereas the designated authority vide
its final findings vide notification No.14/4/2010 -DGAD, dated the 29th
July, 2011, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 29th July, 2011, had
come to the conclusion that-
(i)
the subject goods had been
exported to India from the subject country at prices less than their normal
values in the domestic market of the exporting country;
(ii)
the dumping margins of the
subject goods imported from the subject country were substantial and above de minimis;
(iii)
the domestic industry had
suffered material injury and the injury had been caused due to dumped imports
of the subject goods originating in or exported from the subject country;
(iv)
the domestic industry had also
been materially retarded due to the dumped imports of subject goods from the
subject country;
and
recommended imposition of final anti-dumping duty on imports of subject goods,originating in or exported from the subject country.
Now,
therefore, in exercise of the powers conferred by sub-section (1) of section 9A
of the said Customs Tariff Act, read with sub-section (5) of the said section
9A 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),originating in the countries
as specified in the corresponding entry in column (4), and produced by the
producers as specified in the corresponding entry in column (6), when exported
from the countries as specified in the corresponding entry in column (5), by
the exporters as specified in the corresponding entry in column (7), and
imported into India, an anti-dumping duty at a rate which is 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 per unit of measurement
as specified in the corresponding entry in column (9) of the said Table.
|
Table |
|||||||||
|
SNo |
Sub-
Heading |
Description |
Country of
origin |
Country of
Export |
Producer |
Exporter |
Amount |
Unit of
Measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1 |
39201019,
39201012, 39204900, 39219026, 39219029, 39269099, 39199090, 39181090, and
39189090 |
PVC Flex
Film |
China PR |
China PR |
Heytex Technical Textiles (Zhangjiagang) Co.Ltd., China |
Heytex Technical Textiles (Zhangjiagang) Co.Ltd., China |
0.034 |
Kg |
US Dollar |
|
2 |
39201019,
39201012, 39204900, 39219026, 39219029, 39269099, 39199090, 39181090, and
39189090 |
PVC Flex
Film |
China PR |
China PR |
Zhejiang Yuli Plastic Co Ltd |
Zhejiang Yuli Plastic Co Ltd |
0.441 |
Kg |
US Dollar |
|
3 |
39201019, 39201012,
39204900, 39219026, 39219029, 39269099, 39199090, 39181090, and 39189090 |
PVC Flex
Film |
China PR |
China PR |
Any
Combination of producer and exporter other than Sl. No. 1 and 2 |
0.538 |
Kg |
US Dollar |
|
|
4. |
39201019,
39201012, 39204900, 39219026, 39219029, 39269099, 39199090, 39181090, and
39189090 |
PVC Flex
Film |
China PR |
Any
country other than China PR |
Any |
Any |
0.538 |
Kg |
US Dollar |
|
5. |
39201019,
39201012, 39204900, 39219026, 39219029, 39269099, 39199090, 39181090, and
39189090 |
PVC Flex
Film |
Any
country other than China PR |
China PR |
Any |
Any |
0.538 |
Kg |
US Dollar |
3. Nothing
contained in this notification shall apply to,-
(i) PVC
Rigid Film
(ii) Cotton/Canvas
Tarpaulin
(iii) PVC
Film
(iv) Self-Adhesive Vinyl
(v) One Way
Vision Film/Perforated Window Film
(vi) Coloured Vinyl
(vii) Mesh
Banner/Fabric
4. The
anti-dumping duty imposed shall be levied for a period of five years (unless
revoked, superseded or amended earlier) from the date of imposition of
provisional duty, that is, the 30th July, 2010 and shall be payable
in Indian currency.
Explanation. – For the purposes of this notification, rate of
exchange for 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]