Anti Dumping Duty – imports of ˜Poly Vinyl Chloride Resin – From European Union

TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,

PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 15/2013-Customs (ADD)

New Delhi, the 3^rd July, 2013

G.S.R. (E).- Whereas, in the matter of levy of anti-dumping duty on Poly Vinyl Chloride Paste Resin also called as PVC Emulsion Resin (hereinafter referred to as the subject goods), falling under sub-heading 3904 22 10 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 European Union (hereinafter referred to as the subject country), after conducting Sunset Review, the Designated Authority vide its final findings in notification No.15/27/2008-DGAD, dated the 26th April, 2010 published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 26th April, 2010, 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;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.70/2010Customs, dated the 25th June, 2010, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 25th June, 2010 vide number G.S.R. No. 553(E), dated the 25th June, 2010;

And whereas, the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) vide its order dated 6th July, 2012 set aside the final findings of the Designated Authority issued vide notification No.15/27/2008-DGAD,dated 26th April 2010, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated, the 26th April, 2010 and the Ministry of Finance (Department of Revenue) notification No. 70/2010-Customs, dated 25th June, 2010, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 25th June, 2010 vide number G.S.R. No. 553(E), dated the 25th June, 2010 and remanded the matter back to the Designated Authority for fresh decision;

And whereas, the designated authority vide notification No. 15/27/2008-DGAD, dated the 4th April, 2013, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated, the 4th April, 2013, after conducting Sunset Review has come to the conclusion that-

(i)   the subject goods are entering the Indian market at dumped prices and dumping margin of the subject goods imported from subject territory is significant and above the de-minimis limits prescribed. The subject goods continued to be exported to India at dumped prices inspite of existing anti-dumping duties;

(ii)   the situation of domestic industry has deteriorated further in spite of the existing anti dumping duties. Further, should the present anti dumping duties be revoked, injury to the domestic industry is likely to continue and intensify;

(iii) the deterioration in the performance of the domestic industry is because of dumped imports from the subject territory;

(iv) the current level of anti dumping duty is insufficient to address the continued dumping and consequent injury to the domestic industry and thus the anti-dumping duty is required to be extended and modified;

and has 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 heading of the First Schedule to the saidCustoms Tariff Act specified in the corresponding entry in column (2), originating in the country specified in the corresponding entry in column (4) , and produced by the producers specified in the corresponding entry in column (6), when exported from the country specified in the corresponding entry in column (5), by the exporters 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 specified in the corresponding entry in column (8), in the currency 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

Explanation.- For the purposes of this notification, Poly Vinyl Chloride Paste Resin shall not include PVC Suspension Resin™, PVC Blending Resin, Co-polymers of PVC Paste Resin, Battery Separator Resin and PVC Paste Resin with K- value below 60.

2.   This notification shall be valid upto and inclusive of 24th June, 2015.

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.354/88/2004-TRU (Pt.I)]

(Akshay Joshi)

Under Secretary to the Government of India