Seeks to impose definitive anti-dumping duty on PVC flex films originating in or exported from China PR

Last updated: 26 August 2011

Notice Date : 25 August 2011

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No.82/2011-Customs

New Delhi, dated the 25^th August, 2011

G.S.R. (E). Whereas, in the matter of import of PVC Flex Films (hereinafter referred to as the subject goods), falling under Chapter 39 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People’s Republic of China (hereinafter referred to as the subject country), the designated authority in its preliminary findings, vide, notification No. 14/4/2010 -DGAD, dated the 22^nd June, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22^nd June, 2010, 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 of the Government of India in the Ministry of Finance (Department of Revenue), No.79/2010–Customs, dated the 30^th July, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 646(E), dated the 30^th July, 2010;

And whereas the designated authority vide its final findings vide notification No.14/4/2010 -DGAD, dated the 29^th July, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29^th July, 2011, had come to the conclusion that-

(i) the subject goods had been exported to India from the subject country at prices less than their normal values in the domestic market of the exporting country;

(ii) the dumping margins of the subject goods imported from the subject country were substantial and above de minimis;

(iii) the domestic industry had suffered material injury and the injury had been caused due to dumped imports of the subject goods originating in or exported from the subject country;

(iv) the domestic industry had also been materially retarded due to the dumped imports of subject goods from the subject country;

and recommended imposition of final anti-dumping duty on imports of subject goods,originating in or exported from the subject country.

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A and 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 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 as specified in the corresponding entry in column (2),originating in the countries as specified in the corresponding entry in column (4), and produced by the producers as specified in the corresponding entry in column (6), when exported from the countries as specified in the corresponding entry in column (5), by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at a rate which is equal to the amount as specified in the corresponding entry in column (8),in the currency as specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9) of the said Table.

Table

Sl. No	Sub- Heading	Description	Country of origin	Country of Export	Producer	Exporter	Amount	Unit of Measurement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1	39201019, 39201012, 39204900, 39219026, 39219029, 39269099, 39199090, 39181090, and 39189090	PVC Flex Film	China PR	China PR	HeytexTechnical Textiles (Zhangjiagang)Co.Ltd., China	HeytexTechnical Textiles (Zhangjiagang)Co.Ltd., China	0.034	Kg	US Dollar
2	39201019, 39201012, 39204900, 39219026, 39219029, 39269099, 39199090, 39181090, and 39189090	PVC Flex Film	China PR	China PR	Zhejiang YuliPlastic Co Ltd	Zhejiang YuliPlastic Co Ltd	0.441	Kg	US Dollar
3	39201019, 39201012, 39204900, 39219026, 39219029, 39269099, 39199090, 39181090, and 39189090	PVC Flex Film	China PR	China PR	Any Combination of producer and exporter other than Sl. No. 1 and 2		0.538	Kg	US Dollar
4.	39201019, 39201012, 39204900, 39219026, 39219029, 39269099, 39199090, 39181090, and 39189090	PVC Flex Film	China PR	Any country other than China PR	Any	Any	0.538	Kg	US Dollar
5.	39201019, 39201012, 39204900, 39219026, 39219029, 39269099, 39199090, 39181090, and 39189090	PVC Flex Film	Any country other than China PR	China PR	Any	Any	0.538	Kg	US Dollar

3. Nothing contained in this notification shall apply to,-

(i) PVC Rigid Film

(ii) Cotton/Canvas Tarpaulin

(iii) PVC Film

(iv) Self-Adhesive Vinyl

(v) One Way Vision Film/Perforated Window Film

(vi) Coloured Vinyl

(vii) Mesh Banner/Fabric

4. The anti-dumping duty imposed shall be levied for a period of five years (unless revoked, superseded or amended earlier) from the date of imposition of provisional duty, that is, the 30^th July, 2010 and shall be payable in Indian currency.

Explanation. – For the purposes of this notification, rate of exchange for 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.354/108/2010-TRU]

(Sanjeev Kumar Singh)

Under Secretary to the Government of India.