Polytetrafluoroethylene (PTFE)
from China – Marginal Duty Cut in Sunset Review
[Customs Notification No. 36 (ADD)
dated 28th June 2017]
Whereas, the designated authority vide
notification no.15/11/2016 DGAD , dated the 8th July, 2016 published in the Gazette
of India, Extraordinary, Part I, Section 1, dated the 8th July, 2016 had
initiated the second sunset review in term of sub-section (5) of section 9 A of
the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the
Customs Tariff Act), and in pursuance of 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 ‘Polytetraflouroethylene
or PTFE’ (hereinafter referred to as the subject goods) falling under the
tariff item 3904 61 00 of the First Schedule to the Customs Tariff Act,
originating in, or exported from China PR (hereinafter referred to as the
subject country), imposed vide notification of the Government of India in the
Ministry of Finance (Department of Revenue), No. 81/2011- Customs (ADD), dated
the 24th August, 2011.
And
whereas, the Central Government had extended the period of imposition of
antidumping duty on the subject goods, originating in or exported from the
subject country up to and inclusive of the 23rd August, 2017 vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 36/2016-Customs (ADD), dated the 2nd August, 2016, published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i),
vide number G.S.R.596 (E), dated the 2nd August, 2016.
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,
published vide notification No. F.
No.15/11/2016-DGAD, dated the 23rd June, 2017 published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 23rd June, 2017 has come to
the conclusion that–
(i) there is continued dumping of the product concerned from
China, both in absolute terms and in relation to production/consumption in
India causing injury to the domestic industry;
(ii)
imports are significantly undercutting the prices of
the domestic industry. The price undercutting without prevailing anti-dumping
duties is positive. Further, imports are suppressing and depressing the
domestic prices;
(iii)
the performance of the Domestic Industry has deteriorated
in terms of profits and return on investments;
(iv)
the dumped imports from China continue to cause injury
to the domestic industry despite imposition of anti-dumping duty;
(v)
producers from subject country have significant
capacity which establishes that in the event of cessation of duties, exports to
India will intensify;
(vi)
dumping of the product under consideration from China
is likely to continue/ intensify should the antidumping duty be revoked,
and
has recommended the imposition of definitive anti-dumping duty on 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) and sub-section (5) of section 9A of the Customs Tariff Act,
and rules18 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, 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), specification specified in
the corresponding entry in column (4), originating in the countries as
specified in the corresponding entry in column (5), and exported from the
countries as specified in the corresponding entry in column (6), produced by
the producers as specified in the corresponding entry in column (7), exported
by the exporters as specified in the corresponding entry in column (8), and
imported into India, an anti-dumping duty at the rate equal to the amount as
specified in the corresponding entry in column (9), in the currency as
specified in the corresponding entry in column (11) and per unit of measurement
as specified in the corresponding entry in column (10) of the said Table:-
|
Table |
||||||||||
|
SNo. |
Tariff item |
Description |
Specifi-cation |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1. |
3904 6100 |
Polytetrafluoroethylene (PTFE) |
Any |
China PR |
China PR |
Any |
Any |
2637 |
MT |
US Dollar |
|
2. |
3904 6100 |
-do- |
Any |
China PR |
Any other than Russia or China PR |
Any |
Any |
2637 |
MT |
US Dollar |
|
3. |
3904 6100 |
-do- |
Any |
Any other than Russia or China PR |
China PR |
Any |
Any |
2637 |
MT |
US Dollar |
2.
The anti-dumping duty imposed shall be effective 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
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 Act.
[F.No.354/150/2005 –TRU (Part-I)]