Provisional
Anti-dumping Duty Imposed on R-134A Refrigerant from China and Japan
[Customs Notification No. 52 dated 19th April 2010]
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;
(c) the injury had been caused by the dumped
imports from subject countries;
and had recommended imposition of provisional
anti-dumping duty on the imports of subject goods, originating in, or exported
from, the subject country;
Now, therefore, in exercise
of the powers conferred by sub-section (2) of section 9A of the said Customs
Tariff Act read with rules 13 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 on the
subject 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 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
as 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 Measurement |
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 |
Sinochem Environmental
Protection (Taicang) Co. Ltd. |
Sinochem
Environmental Protection (Taicang) Co. Ltd. |
1.04
|
Kilogram
|
US
Dollar |
|
2.
|
2903
39 19 |
1,1,1,2-Tetrafluoroethane
or R-134a |
People’s
Republic of China |
People’s
Republic of China |
Sinochem
Environmental Protection Taicang) Co. Ltd |
Du-Pont
Trading (Shanghai) Co. Ltd. |
1.19
|
Kilogram
|
US
Dollar |
|
3.
|
2903
39 19 |
1,1,1,2-Tetrafluoroethane
or R-134a |
People’s
Republic of China |
People’s
Republic of China |
Sinochem Environmental
Protection Chemicals (Xian) Co. Ltd. |
Sinochem
Environmental Protection Chemicals (Xian) Co. Ltd |
0.99
|
Kilogram
|
US
Dollar |
|
4.
|
2903
39 19 |
1,1,1,2-Tetrafluoroethane
or R-134a |
People’s
Republic of China |
People’s
Republic of China |
Any
Combination of producer and exporter other than Sl. No. 1 to 3 |
Any
Combination of producer and exporter other than Sl. No. 1 to 3 |
1.41
|
Kilogram
|
US
Dollar |
|
5.
|
2903
39 19 |
1,1,1,2-Tetrafluoroethane
or R-134a |
People’s
Republic of China |
Any
country other than People’s Republic of China |
Any
|
Any
|
1.41
|
Kilogram
|
US
Dollar |
|
6.
|
2903
39 19 |
1,1,1,2-Tetrafluoroethane
or R-134a |
Any
country other than People’s Republic of China |
People’s
Republic of China |
Any
|
Any
|
1.41
|
Kilogram
|
US
Dollar |
|
7
|
2903
39 19 |
1,1,1,2-Tetrafluoroethane
or R-134a |
Japan
|
Japan
|
Any
|
Any
|
1.63
|
Kilogram
|
US
Dollar |
|
8
|
2903
39 19 |
1,1,1,2-Tetrafluoroethane
or R-134a |
Japan
|
Any
|
Any
|
Any
|
1.63
|
Kilogram
|
US
Dollar |
|
9
|
2903
39 19 |
1,1,1,2-Tetrafluoroethane
or R-134a |
Any
|
Japan
|
Any
|
Any
|
1.63
|
Kilogram
|
US
Dollar |
3. The anti-dumping duty imposed under this notification shall be
effective upto and inclusive of the 18th day of
October, 2010 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]