Seeks to impose definitive anti-dumping duty on 1,1,1,2-Tetrafluoroethane or R-134a originating in or exported from People’s Republic of China for a period of five years

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF EXCISE AND CUSTOMS
NEW DELHI

NOTIFICATION NO. 30/2016-CUSTOMS (ADD), Dated: July 11, 2016

G.S.R. 675(E). Whereas, the designated authority, vide notification No.15/23/2014- DGAD, dated the 10th April, 2015, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of 1,1,1,2- Tetrafluoroethane or R-134a (hereinafter referred to as the subject goods) falling under tariff item 2903 39 19 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 People’s Republic of China (hereinafter referred to as the subject country) imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 61/2011-Customs, dated the 15th July, 2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.539(E), dated the 15th July, 2011;

And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject country, the designated authority in its final findings, published vide notification No.15/23/2014-DGAD, dated the 30th May, 2016, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-

(i) there is continued dumping of the subject goods from the subject country;

(ii) imports are significantly undercutting the prices of the domestic industry and are depressing the domestic prices;

(iii) the financial performance of the domestic industry has deteriorated and the dumped imports from the subject country continue to cause injury to the domestic industry;

(iv) dumping of the subject goods from the subject country is likely to continue if the current anti-dumping duty ceases,

and has recommended continued imposition of the anti-dumping duty on the subject goods, originating in or exported from the subject country;

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 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, 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 tariff item 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), exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate 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 as per unit of measurement as specified in the corresponding entry in column (9) of the said Table, namely:-

Table

Sl. No.Tariff itemDescription of goods*Country of originCountry +of exportProducerExporterAmtUnit of measure mentCurrency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
1.
2903 39 19
1,1,1,2- Tetrafluoroethane or R-134a
People’s Republic of China
People’s Republic of China
Any
Any
1.22
kilogram
US Dollar
2.
2903 39 19
1,1,1,2- Tetrafluoroethane or R-134a
People’s Republic of China
Any other than People’s Republic of China
Any
Any
1.22
kilogram
US Dollar
3.
2903 39 19
1,1,1,2- Tetrafluoroethane or R-134a
Any other than People’s Republic of China
People’s Republic of China
Any
Any
1.22
kilogram
US Dollar

*Note: The cGMP certified R-134a is excluded from the purview of the product under consideration.

2. The anti-dumping duty imposed under 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 Official Gazette and shall be paid 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.-2)]

(Anurag Sehgal)
Under Secretary to the Government of India

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