Anti-dumping Duty on Chlorinated Polyvinyl Chloride Resin (CPVC)
from China and Korea to Continue but Rate Slashed in Sunset Review
·
Complainant: DCW and Epigral
The current notification 15-Cus(ADD) dated 23 August, 2024 supersedes previous
Notification 05/2020-Customs (ADD) dated 7 March 2020 which was to Expire on 25
Aug. 2024, new duty to remain till August 2029.
[Notification No. 15/2024-Customs
(ADD) Dated 23rd
August, 2024]
Seeks to continue levy of
anti-dumping duty on "Chlorinated Polyvinyl Chloride Resin (CPVC)-whether
or not further processed into compound" imported from China PR and Korea
RP, for 5 years pursuant to Sunset Review Final Findings issued by DGTR.
G.S.R…(E).- Whereas, the
designated authority, vide notification
number 7/28/2023- DGTR, dated the 29th December, 2023, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 29th December, 2023, initiated the review in terms
of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975)
(hereinafter referred to as the Customs Tariff Act), read with rule 23 of the
Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty
on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter
of continuation of anti-dumping duty on imports 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, originating in or exported from
China PR and Korea RP (hereinafter referred to as the subject countries),
imposed vide notification of the
Government of India, Ministry of Finance (Department of Revenue) number
05/2020-Customs (ADD), dated the 7th
March, 2020, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R. 164(E), dated the 7th March, 2020;
And whereas, in the matter of
review of anti-dumping duty on imports of the subject goods, originating in or
exported from the subject country, the designated authority in its final
findings, vide notification number
7/28/2023-DGTR, dated the 25th May, 2024, published in the Gazette
of India, Extraordinary, Part-I, Section 1, dated the 27th May,
2024, has come to the conclusion that-
(i) the subject goods continue to be exported to India at prices below
the normal value, resulting into dumping of the subject goods;
(ii) dumped imports
from subject countries are causing injury to the domestic industry;
(ii) there is
likelihood of dumping and likelihood of injury from the subject countries in an
event of expiry of measures and if the anti-dumping measures are not modified,
and has recommended continued
imposition of the anti-dumping duty on imports of the subject goods,
originating in or exported from the subject country, 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, 20 and 23 of the Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995 and in supersession of
the notification of the Government of India, Ministry of Finance (Department of
Revenue), number 05/2020-Customs (ADD), dated the 7th March, 2020, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i)
vide number G.S.R. 164(E), dated the
7th March, 2020, except as
respects things done or omitted to be done before such supersession, 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 the country as specified in
the corresponding entry in column (4), exported from the country as specified
in the corresponding entry in column (5), produced by the producers as
specified in the corresponding entry in column (6), of specification as
specified in the corresponding entry in column (7), an anti-dumping duty at the
rate equal to the amount as indicated in the corresponding entry in column (8),
in the currency as specified in the corresponding entry in column (9) and as
per unit of measurement as specified in the corresponding entry in column (10),
of the said Table, namely :-
TABLE
|
S.No. |
Tariff item |
Description of goods |
Country of origin |
Country of export |
Producer |
Specification |
Amount |
Currency |
Unit of measurement |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
39041010 39041020 39041090 39042100 39042200 39043090 39044000 39045090 39046990 39049010 39049090 |
Chlorinated
Polyvinyl Chloride (CPVC) - whether or not further processed into compound |
China PR |
Any
country including China PR |
Any |
CPVC resin |
790 |
USD |
MT |
|
|
2 |
China PR |
Any
country including China PR |
Any |
CPVC
compound |
605 |
USD |
MT |
||
|
3 |
Any country other than China PR and Korea RP |
China PR |
Any |
CPVC resin |
790 |
USD |
MT |
||
|
4 |
Any country other than China PR and Korea RP |
China PR |
Any |
CPVC compound |
605 |
USD |
MT |
||
|
5 |
Korea RP |
Any country including Korea RP |
Hanwha Solutions Corporation |
CPVC resin |
593 |
USD |
MT |
||
|
6 |
Korea RP |
Any country including Korea RP |
Hanwha Solutions Corporation |
CPVC compound |
792 |
USD |
MT |
||
|
7 |
Korea RP |
Any country including Korea RP |
Any producer other than mentioned above |
CPVC resin |
593 |
USD |
MT |
||
|
8 |
Korea RP |
Any country including Korea RP |
Any producer other than mentioned above |
CPVC compound |
792 |
USD |
MT |
||
|
9 |
Any country other than China PR and Korea RP |
Korea RP |
Any |
CPVC resin |
593 |
USD |
MT |
||
|
10 |
Any country other than China PR and Korea RP |
Korea RP |
Any |
CPVC compound |
792 |
USD |
MT |
Note:− Customs
classification is indicative
only and not
binding on the scope of
the product under consideration. If the product is
imported in any other code, the same is liable to anti-dumping duty.
2. The anti-dumping duty imposed under
this notification shall be levied for a period of five years (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 purpose of calculation of such
anti-dumping duty shall be the rate which is specified in the notification of
the Government of India, 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.
CBIC-190354/117/2024-TRU Section-CBEC]