Notification
No. 70/ 2010 - Customs dated 25.6.2010
Anti dumping duty on Poly Vinyl Chloride Paste Resin (Emulsion PVC Resin)
originating in, or exported from European Union (39042210)
G.S.R. (E).- Whereas, the designated authority vide notification
No.15/27/2008-DGAD, dated the 31st March, 2009, published in Part I, Section 1
of the Gazette of India, Extraordinary, dated the 1st April, 2009, had initiated
review in the matter of continuation of final anti-dumping duty on Poly Vinyl
Chloride Paste Resin also called as Emulsion PVC Resin (hereinafter referred to
as the subject goods), falling under sub-heading 3904 22 10 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) (herein after referred to
as the said Customs Tariff Act), originating in, or exported from European Union
(hereinafter referred to as the subject country), imposed vide notification of
Government of India in the Ministry of Finance (Department of Revenue), No.
104/2004–Customs, dated the 7th October ,2004, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide, number G.S.R.
659 (E), dated the 7th October ,2004, and extended by notification No.
115/2009-Customs dated 6th October,2009 published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), vide, number G.S.R.724 (E),
dated the 6th October, 2009;
And whereas, the designated authority vide notification No. 15/27/2008-DGAD,
dated the 26th April, 2010, published in Part I, Section 1 of the Gazette of
India, Extraordinary, dated, the 26th April, 2010, after conducting Sunset
Review had come to the conclusion that-
(i) the subject goods were entering the Indian market at dumped prices and
dumping margin of the subject goods imported from subject territory was
significant and above the de-minimis limits prescribed. The subject goods
continued to be exported to India at dumped prices inspite of existing anti
dumping duties;
(ii) the situation of domestic industry had deteriorated further in spite of the
existing anti dumping duties. Further, should the present anti dumping duties be
revoked, injury to the domestic industry was likely to continue and intensify;
(iii) the deterioration in the performance of the domestic industry was because
of dumped imports from the subject territory;
(iv) the current level of anti dumping duty was insufficient to address the
continued dumping and consequent injury to the domestic industry and thus the
anti-dumping duty was required to be extended and modified;
and had recommended the continued imposition of definitive anti-dumping duty on
all 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), read
with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18
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, 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 specified in the corresponding
entry in column (2), originating in the country specified in the corresponding
entry in column (4) , and produced by the producers specified in the
corresponding entry in column (6), when exported from the country specified in
the corresponding entry in column (5), by the exporters 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 specified in the corresponding entry in
column (8), in the currency 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;
Table
| Sl. No. |
Subheading |
Description of goods |
Country of Origin |
Country of Exports |
Producer |
Exporter |
Duty Amount |
Unit |
Currency |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
| 1 |
3904 22 10 |
Poly Vinyl Chloride Paste Resin |
European Union |
Any |
Any |
Any |
267.38 |
Per MT |
US Dollar |
| 2 |
3904 22 10 |
Poly Vinyl Chloride Paste Resin |
Any |
European Union |
Any |
Any |
267.38 |
Per MT |
US Dollar |
2. This notification 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 Gazette of India and the anti-dumping duty shall be paid in
Indian currency.
Explanation. - For the purposes of this notification, “rate of exchange”
applicable for the purposes of calculation of 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 sub-clause (i) of clause (a) of sub-section
(3) of section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date
for 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.354/88/2004-TRU](Prashant Kumar)
Under Secretary to the Government of India
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