Another
Five Years of Anti-dumping Duty on Tetrafluoroethane from China and Japan –
Final Findings
Ntfn 61 Whereas,
in the matter of imports
15.07.2011 of 1, 1, 1, 2-Tetrafluoroethane or R-134a
(DoR) of all types (hereinafter referred to as the
subject goods),
falling under sub heading 2903 3919 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, People’s Republic of China and
Japan(hereinafter referred to as the subject countries) and imported into
India, the designated authority in its preliminary findings, vide,
notification No.14/24/2009-DGAD, dated the 19th February, 2010, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th
February, 2010, had come to the conclusion that,-
(a) the subject goods had been exported to India
from the subject countries below its normal value;
(b) the domestic industry had suffered material
injury;
(c) the injury had been caused by the dumped
imports from subject countries;
and had
recommended imposition of provisional anti-dumping duty on the imports of
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 provisional anti-dumping duty on the subject goods vide notification
No. 52/2010-Customs, dated the 19th April, 2010, published in the Gazette of
India, Extraordinary Part II, Section 3, sub-section (i), vide number G.S.R.
334(E), dated the 19th April, 2010;
And
whereas, the designated authority, in its final findings vide notification No. 14/24/2009–DGAD, dated 10th May, 2011,
published in the Gazette of India, Extraordinary, Part I, section 1, dated the
10th May,2011, has come to the conclusion that,-
(a) the subject goods have been exported to
India from the subject countries below its normal value;
(b) the domestic industry has suffered material
injury, caused by the dumped imports from subject countries;
(c) the dumping margins of the subject goods
imported from the subject countries are substantial and above de minimis.
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, 1975 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
findings of the designated authority, hereby imposes definitive anti- dumping
duty 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),originating in the country specified in the corresponding entry in column
(4), and exported from the country specified in the corresponding entry in
column (5) and produced by the producer specified in the corresponding entry in
column (6) and exported by the exporter specified in the corresponding entry in
column (7), and imported into India, an anti-dumping duty at the rate equal to
the amount indicated in the corresponding entry in column (8), in the currency
as 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.
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Table |
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SNo |
Sub- Heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Duty amount |
Unit of measure-ment |
Currency |
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(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
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7 |
- Do - |
1,1,1,2-Tetrafluoroetha or R-134
a |
Japan |
Japan |
Any |
Any |
.69 |
Kg |
USD |
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8 |
- Do - |
- Do - |
Japan |
Any |
Any |
Any |
.69 |
Kg |
USD |
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9
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-
Do - |
-
Do - |
Any
country other than Japan |
Japan |
Any
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Any
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.69
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Kg
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USD |
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[SNos.
1 to 6 omitted by 31-ADD/11.07.2016] |
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3. The
anti-dumping duty imposed 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 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.
[F.No.354/24/2010 –TRU (Pt-1)]