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Customs Notification
No-110/2004 dated 18.11.2004
Anti-dumping duty on Polytetrafluoroethylene (PTFE)
G.S.R. (E).- Whereas, the designated authority
vide notification No.15/6/2003-DGAD, dated the 8th October, 2003, published in
Part I, Section 1 of the Gazette of India, Extraordinary, dated the 9th October,
2003, had initiated review in the matter of continuation of final anti-dumping
duty on Polytetrafluoroethylene, falling under tariff item 3904 61 00 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter
referred to as PTFE), originating in, or exported from Russia, imposed vide
notification of Government of India in the Ministry of Finance (Department of
Revenue), No.141/1999-Customs, dated the 30th December, 1999 [G.S.R. 839 (E),
dated the 30th December, 1999] And whereas, the designated authority vide
notification No. 15/6/2003-DGAD, dated the 7th October, 2004, published in Part
I, Section 1 of the Gazette of India, Extraordinary, dated the 7th October,
2004, after conducting Sunset Review has come to the conclusion that-
(a) PTFE has been exported to India from Russia below its normal value during
the period of investigation;
(b) the domestic industry continues to suffer material injury on account of
dumped imports of PTFE from Russia;
(c) injury has been caused to the domestic industry by the dumped imports of
PTFE from Russia and
(d) anti dumping duties are required to be imposed in respect of imports of PTFE
from Russia, as withdrawal thereof would lead to continuation of dumping and
injury;
and has recommended the continued imposition of definitive anti-dumping duty on
all imports of PTFE, originating in, or exported from Russia;
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 tariff item of the
First Schedule to the said Customs Tariff Act as specified in the corresponding
entry in column (2), the specification of which is specified in the
corresponding entry in column (4), originating in the countries as specified in
the corresponding entry in column (5) , and produced by the producers as
specified in the corresponding entry in column (7), when exported from the
countries as specified in the corresponding entry in column (6), by the
exporters as specified in the corresponding entry in column (8), and imported
into India, an anti-dumping duty at a rate which is equivalent to the difference
between, 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, and the landed value of such imported goods in like currency per
like unit of measurement.
TABLE
S. No. | Tariff item | Descrip- tion of goods | Spe- cifi- cation | Country of origin | Country of export | Producer | Exporter | Amount | Unit of mea- sure- ment | Curr- ency |
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
1. | 3904 61 00 | Poly- tetrafluoro- ethylene (PTFE) | All grades | Russia | Any country | Any producer | Any exporter | 12.66 | Kilogram | U S Dollar |
2. | 3904 61 00 | Poly- tetrafluoro- ethylene (PTFE) | All grades | Any country | Russia | Any producer | Any exporter | 12.66 | Kilogram | U S Dollar |
2. This notification shall be effective for a period of five years (unless
revoked, superseded or amended earlier) and the anti-dumping duty shall be paid
in Indian currency.
Explanation. - For the purposes of this notification, -
(a) “landed value” means the assessable value as determined under the Customs
Act, 1962 (52 of 1962) and includes all duties of customs except duties levied
under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(b) rate of exchange applicable for the purposes of calculation of such
anti-dumping duty shall be the rate which is specified in the notification,
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 said Customs Act, 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.354/106/2004-TRU]
(V.Sivasubramanian)
Deputy Secretary to the Government of India