Anti-dumping Duty on Fluoroelastomers (FKM) from China Notified
[Notification No.
6/2019-Customs (ADD) dated 28 January 2019]
Whereas, in the matter of import of ‘Fluoroelastomers (FKM)’ (hereinafter
referred to as the subject goods) falling under the tariff items 3904 50 90, 3904 69 90, 3904 90
00 and 3904 69 10 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 China PR (hereinafter
referred to as the subject country), and imported into India, the designated
authority in its final
findings vide notification
No. 6/25/2017-DGAD, dated
the 27th December 2018, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
27th December 2018,
has
come to the conclusion that-
(a) the product under consideration has been exported to India from the subject country below
its normal value, resulting in dumping;
(b) the Domestic Industry has suffered material injury and material retardation due to dumping of the
product under
consideration
from the subject country;
(c) the aforesaid injury has
been
caused by the dumped
imports from the subject
country,
and has recommended the imposition of definitive anti-dumping duty (for 18 months) on
the imports of subject goods,
originating in or
exported from
the subject country 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 tariff
item of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in
column (2), originating
in and exported from the countries
as
specified in the corresponding
entry
in colums (4) and (5) respectively, 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
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 |
|||||||||
S. No. |
Heading/
Sub- heading |
Description of goods
* |
Country
of
origin |
Country
of exports |
Producer |
Exporter |
Duty amount |
Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1. |
39045090, 39046990,
39049000, or 39046910 |
Fluoro elastomers
(FKM) |
China |
China |
Inner Mongolia 3F Wanhao Fluoroche mical
Co., Ltd. |
Shanghai Huayi
3F New Materials Sales
Co.,
Ltd. |
3.85 |
Kg |
US$ |
2. |
39045090, 39046990,
39049000, or 39046910 |
Fluoro elastomers
(FKM) |
China |
China |
M/s Solvay
Specialty Polymers (Changshu)
Co Ltd. |
M/s Solvay Specialty
polymers (Changshu)
Co Ltd. |
4.24 |
Kg |
US$ |
3. |
39045090, 39046990,
39049000, or 39046910 |
Fluoro elastomers
(FKM) |
China |
China |
Chenguang Fluoro &
Silicone Elastomers Co.,
Ltd. |
Chenguang Fluoro &
Silicone Elastomers Co.,
Ltd. |
3.6 |
Kg |
US$ |
4. |
39045090, 39046990,
39049000, or 39046910 |
Fluoro elastomers
(FKM) |
China |
China |
Daikin Fluorochem icals (China) Co.
Ltd. |
Uni Alliance Limited |
0.078 |
Kg |
US$ |
5. |
39045090, 39046990,
39049000, or 39046910 |
Fluoro elastomers
(FKM) |
China |
China |
Zhonghao Chenguang
Research Institute
of Chemical Industry Co.
Ltd. |
Zhonghao Chenguang
Research Institute
of Chemical Industry
Co. Ltd. |
3.56 |
Kg |
US$ |
6. |
39045090, 39046990,
39049000, or 39046910 |
Fluoro elastomers
(FKM) |
China |
China |
Any Combination other than
mentioned in S.No. 1 to 5 above |
7.31 |
Kg |
US$ |
|
7. |
39045090, 39046990,
39049000, or 39046910 |
Fluoro elastomers
(FKM) |
China |
Any country
other than
China PR |
Any |
Any |
7.31 |
Kg |
US$ |
8. |
39045090, 39046990,
39049000, or 39046910 |
Fluoro elastomers
(FKM) |
Any country
other than
China PR |
China |
Any |
Any |
7.31 |
Kg |
US$ |
*FKM compound
and Perfluoroelastomer (FFKM)
are excluded
from the scope of the
subject goods.
2. The anti-dumping duty imposed shall be effective for a period of eighteen months (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.354/10/2019 –TRU]