Anti-dumping Duty on Chlorinated Polyvinyl Chloride (CPVC) Resin from China and Korea on DCW and Chemplast Complaint – Final Findings

[Notification No. 05/2020-Customs (ADD) dated 7 March 2020]

Whereas, in the matter of import of ‘Chlorinated Polyvinyl Chloride Resin (CPVC)-whether or not further processed into compound’ (hereinafter referred to as the subject goods), falling under heading 3904 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 China PR and Korea RP (hereinafter referred to as the subject countries) and imported into India, the designated authority vide its preliminary findings No. 6/3/2019-DGTR, dated the 12^th July, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12^th July, 2019, had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in or exported from subject countries;

And whereas, on the basis of 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. 33/2019- Customs (ADD), dated the 26^th August, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G. S. R. 600 (E), dated the 26^th August, 2019;

And whereas, the designated authority in its final findings vide notification No. 6/3/2019- DGTR, dated the 19^th February, 2020, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19^th February, 2020, has come to conclusion that-

(i) the product under consideration has been exported to India from the subject countries below normal value;

(ii) such dumped imports of the subject goods from the subject countries have caused material retardation to the establishment of the domestic industry;

and has recommended imposition of definitive anti-dumping duty equal to the lesser of the margin of dumping and the margin of injury, so as to remove the injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said 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, on the basis of 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 Duty Table below, falling under tariff items 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 exported from the countries as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), having specifications as specified in the corresponding entry in column (7), and imported into India, a definitive anti- dumping duty at the rate equal to the difference between the landed value of the subject goods and the amount, currency and per unit of measurement as specified in the corresponding entry in column (8) provided that the landed value is less than the amount indicated in column (8), of the said Duty Table:-

Duty Table
S.No.	HS Code	Description of goods	Country of origin	Country of Export	Producer	Specification	Amount in USD/MT
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
1A	3904 10 10 3904 10 20 3904 10 90 3904 21 00 3904 22 00 3904 90 10 3904 90 90	Chlorinated Polyvinyl Chloride Resin (CPVC) - whether or not further processed into compound	China PR	Any country including China PR	Shandong Gaoxin Chemical Co Ltd	CPVC Resin	2,087
1B			China PR	Any country including China PR		CPVC Compound	2,717
2A			China PR	Any country including China PR	Shandong Pujie rubber and plastic Co. ltd	CPVC Resin	2,053
2B			China PR	Any country including China PR		CPVC Compound	2,853
3A			China PR	Any country including China PR	Shandong Xiangsheng New Materials Technology Co., Ltd.,	CPVC Resin	2,045
3B			China PR	Any country including China PR		CPVC Compound	2,853
4A			China PR	Any country including China PR	Weifang Sundow Chemical Co. Ltd	CPVC Resin	2,025
4B			China PR	Any country including China PR		CPVC Compound	2,853
5A			China PR	Any country including China PR	Shandong Xuye New Materials Co. Ltd	CPVC Resin	2,057
5B			China PR	Any country including China PR		CPVC Compound	2,657
6A			China PR	Any country including China PR	Any Producer other than mentioned above	CPVC Resin	2,161
6B						CPVC Compound	2,853
7A			Any country other than China PR and Korea RP	China PR	Any	CPVC Resin	2,161
7B						CPVC Compound	2,853
8A			Korea RP	Any country including Korea PR	Any Producer	CPVC Resin	2,024
8B						CPVC Compound	2,853
9A			Any country other than China PR and Korea RP	Korea RP	Any Producer	CPVC Resin	2,024
9B						CPVC Compound	2,853

2. The anti-dumping duty imposed under this notification shall be effective for a period of 5 years (unless revoked, amended or superseded earlier) from the date of imposition of the provisional anti-dumping duty, that is, the 26^th August, 2019 and shall be payable in Indian currency:

Provided that the said anti-dumping duty shall not be levied for the period commencing from the date of the lapse of the provisional anti-dumping duty, that is the 26^th February, 2020 up to the preceding day of the publication of this notification in the Official Gazette.

Explanation 1.- 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.

Explanation 2. - The landed value of imports for the purpose of this notification shall be the assessable value as determined by the Customs under Customs Act, 1962 and applicable level of customs duties except duties levied under Section 3, 8B, 9, 9A of the said Customs Tariff Act.

[F.No.354/110/2019 –TRU]