Another
Five Years of Anti-dumping Duty on PTFE from Russia – Duty Lowered in Review
Process
[Customs Notification No. 57 dated 3rd May 2010]
Whereas, the designated authority vide
notification No.15/30/2008-DGAD, dated the 27th February, 2009, published in
Part I, Section 1 of the Gazette of India, Extraordinary, dated the 27th February,
2009, had initiated review in the matter of continuation of final anti-dumping
duty on Polytetrafluoroethylene (PTFE) (hereinafter
referred to as the subject goods), falling under sub-heading 3904 61 00 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975) (herein after referred to as the said Customs
Tariff Act), originating in, or exported from Russia (hereinafter referred to
as the subject country), imposed vide notification of Government of India in
the Ministry of Finance (Department of Revenue), No. 110/2004–Customs, dated
the 18th November,2004, published in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-section (i) dated the 18th November, 2004, vide, number G.S.R. 752 (E), dated the 18th November, 2004, and extended by notification
No. 2/2010-Customs dated 11th January, 2010, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i)
dated the 11th January, 2010, vide, number G.S.R. 26(E), dated the 11th January,
2010;
And whereas, the designated authority vide
notification No. 15/30/2008-DGAD, dated the 26th February, 2010, published in
Part I, Section 1 of the Gazette of India, Extraordinary, dated the 26th
February, 2010, after conducting Sunset Review had come to the conclusion that-
(i) the subject goods
were entering the Indian market at dumped prices and dumping margins of the
subject goods imported from Russia was significant and above de-minimis limits
prescribed. The subject goods continued to be exported to India at dumped prices
in spite of existing anti dumping duties;
(ii) considering the facts
available on record, the subject goods were likely to enter Indian market at
enhanced volumes and at dumped prices, should the present measures be
withdrawn;
(iii) the domestic industry
continued to suffer injury in spite of existing anti dumping duties. Further,
should the present anti dumping duties be revoked, injury to the domestic
industry was likely to continue and intensify;
(iv) the deterioration in the performance of the domestic
industry was because of dumped imports. Further, revocation of anti dumping
duty on imports from Russia was likely to lead to continued and intensified
injury to the domestic industry;
and had recommended the continued imposition of
definitive anti-dumping duty on all imports of the subject goods, originating
in, or exported from the subject country;
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, and
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, 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
specified in the corresponding entry in column (2), the specification of which
is specified in the corresponding entry in column (4), originating in the country specified in the corresponding entry in
column (5) , and produced by the producers specified in the corresponding entry
in column (7), when exported from the country specified in the corresponding
entry in column (6), by the exporters specified in the corresponding entry in
column (8), and imported into India, an anti-dumping duty at a rate which is
equal to the amount specified in the corresponding entry in column (9), in the
currency specified in the corresponding entry in column (11) and
per unit of measurement specified in the corresponding entry in column
(10) of the said Table;
|
Table |
||||||||||
|
Sl. No. |
Sub-heading |
Description |
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1. |
3904 61 00 |
Polytetra fluoro-ethylene (PTFE) |
Any |
Russia |
Russia |
Any |
Any |
3.42 |
Kilogram |
US Dollar |
|
2. |
3904 61 00 |
Polytetra fluoro-ethylene (PTFE) |
Any |
Russia |
Any |
Any |
Any |
3.42 |
Kilogram |
US Dollar |
|
3 |
3904 61 00 |
Polytetra fluoro-ethylene (PTFE) |
Any |
Any except Russia and People’s Republic of China |
Russia |
Any |
Any |
3.42 |
Kilogram |
US Dollar |
2. This notification shall be effective for a period of five years
(unless revoked, superseded or amended earlier) and the anti-dumping duty shall
be paid in Indian currency.
Explanation.
- For the purposes of this notification, “rate of exchange” applicable for the
purposes of calculation of 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 sub-clause (i) of clause (a) of
sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962) and the
relevant date for 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.354/106/2004-TRU]