Anti-dumpnig duty on imports of 'Silicone Sealant' originating in or exported from China PR for a period of five years

MINISTRY OF FINANCE
(Department of Revenue)
New Delhi, the 21st December, 2021

Notification No. 74/2021-Customs (ADD)

G.S.R. 873(E). - Whereas, in the matter of “Silicone Sealants excluding silicon sealants used in manufacturing of solar photovoltaic modules, and thermal power applications” (hereinafter referred to as the subject goods), falling under Chapter 32 and 35 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in, or exported from the China PR (hereinafter referred to as the subject country) and imported into India, the designated authority in its final findings vide notification F. No. 06/31/2020-DGTR, dated the 23rd September, 2021, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th September, 2021, has come to the conclusion that-

(i) the product under consideration has been exported at a price below normal value, thus resulting in dumping;

(ii) the domestic industry has suffered material injury;

(iii) there is causal link between dumping of product under consideration and injury to the domestic industry,

and has recommended imposition of anti-dumping duty on imports of the subject goods, originating in, or exported from the subject countries and imported into India, 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 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, 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 the Chapters of the First Schedule to the 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), 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), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (7), 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 (8) of the said Table, namely :-

TABLE

*The following products are excluded from the product description:

(i) Polyurethane Sealant

(ii) Polyurethane Foam

(iii) Polyurethane Foam Cleaner

(iv) Solar Potting Silicone

(v) Acrylic Sealant

(vi) Acrylic Neutral Sealant

(vii) Acrylic Weather Sealant

(viii) Siliconised Acrylic Sealant

(ix) RoHS grade Silicone Sealant

(x) REACH grade Silicone Sealant

(xi) Fire resistant/retardant Silicone Sealant

(xii) Silicone Sealant used for car and bus windshield pasting

(xiii) Silicone Sealant used for bus body pasting

(xiv) Silicone Sealant used for building expansion joints

(xv) MS Polymer based Sealant

(xvi) Industrial RTV Silicone Sealant

(xvii) High-temperature Neutral Silicone

(xviii) Two-component Silicone Sealant

(xix) Paintable Sealants

(xx) Non-bleeding Weather Silicone

(xxi) Insulating Glass Silicone

(xxii) Nail free adhesive or Mirror fix adhesive

Provided the product exclusion with regard to below mentioned products will be strictly limited to actual users only. The actual users shall provide declarations to customs at the time of import regarding bonafide usage in this regard. Actual users would also maintain the monthly record in the form of verifiable consumption register for presentation before any law enforcing agency on demand

(i) Silicone Sealant used for car and bus windshield pasting

(ii) Silicone Sealant used for bus body pasting

(iii) Silicone Sealant used for building expansion joints

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, 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. CBIC-190354/270/2021-TRU Section-CBEC]

RAJEEV RANJAN, Under Secy.