Seeks to impose definitive anti-dumping duty on Poly Vinyl Chloride (PVC) Paste Resin originating in or exported from Korea RP, Taiwan, China PR, Malaysia, Thailand and European Union for a period of five years

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 27/2016-Customs (ADD)

New Delhi, the 23rd June, 2016

G.S.R. (E). – Whereas, the designated authority vide notification No.15/19/2014-DGAD, dated the 27th April, 2015, published in the Gazette of India, Extraordinary, Part I,Section 1, dated the 27th April, 2015, had initiated a review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on “Poly Vinyl Chloride Paste Resin” (hereinafter referred to as the subject goods), falling under heading 3904 of the First Schedule to the Customs Tariff Act, originating in or exported from, Korea RP, Taiwan, People’s Republic of China, Malaysia, Thailand and Russia, imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 66/2011-Customs, dated the 26th July, 2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 571(E), dated the 26th July, 2011; and originating in or exported from the European Union, imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 70/2010-Customs, dated the 25th June, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 553(E), dated the 25th June, 2010;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the aforesaid countries, upto and inclusive of the 25th day of July, 2016 and 24th day of June, 2016 respectively, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 25/2015- Customs(ADD), dated the 1st June, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 443 (E), dated the 1st June, 2015 and vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 26/2015-Customs(ADD), dated the 1st June, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 444(E), dated the 1st June, 2015;

And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the aforesaid countries (hereinafter referred to as the subject countries), the Designated Authority in its final findings published vide notification No. 15/19/2014-DGAD, dated the 26th April, 2016, in the Gazette of India, Extraordinary, Part I, Section 1, dated the 26th April, 2016, has come to the conclusion that,-

(a) there is continued dumping of the product concerned from the subject countries except Russia, and M/s LG Chemicals and M/s HCC from Korea RP, both in absolute terms and in relation to production/consumption in India causing injury to the domestic industry;

(b) imports are significantly undercutting the prices of the domestic industry, and are suppressing and depressing the domestic prices.

(c) dumping of the product under consideration from the subject countries except Russia, and M/s LG Chemicals and M/s HCC from Korea RP is likely to continue/intensify should the current antidumping duty be revoked,

and has recommended continued imposition of the following definitive anti-dumping duty on all imports of the subject goods, originating in, or exported, from the subject countries;

Now, therefore, in exercise of the powers conferred by sub-section (1) and sub-section (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 and on the basis of 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 heading of the First Schedule to the Customs Tariff Act specified in the corresponding entry in column (2), originating in the countries specified in the corresponding entry in column (4), exported from the countries specified in the corresponding entry in column (5), produced by the producers specified in the corresponding entry in column (6), exported by the exporters specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount specified in the corresponding entry in column (8), in the currency specified in the corresponding entry in column (10) and as per unit of measurement specified in the corresponding entry in column (9) of the said Table, namely:-

Table
Sl.
No.
Heading
Descri-
ption of goods (*)
Country of Origin
Country of Export
Producer
Exporter
Amount
Unit
Curr-
ency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
1.
3904
Poly Vinyl
Chloride
Paste Resin
Korea RP
Korea RP
Hanwha
Chemical
Corporati
On
Hanwha
Chemical
Corporation
0
MT
US Dollar
2.
3904
Poly Vinyl
Chloride
Paste Resin
Korea RP
Korea RP
M/s LG
Chem
Ltd.
M/s LG
Chem Ltd.
0
MT
US Dollar
3.
3904
Poly Vinyl
Chloride
Paste Resin
Korea RP
Korea RP
Any other than Sl. No.
1 & 2
379
MT
4.
3904
Poly Vinyl
Chloride
Paste Resin
Korea RP
Any country
other than the
subject
countries and
countries
attracting Anti-
Dumping Duty
under any
other
notification
Any
Any
379
MT
US Dollar
5.
3904
Poly Vinyl
Chloride
Paste Resin
Any country
other than
the subject
countries
and
countries
attracting
Anti-
Dumping
Duty under
any other
notification
Korea RP
Any
Any
379
MT
US Dollar
6.
3904
Poly Vinyl
Chloride
Paste Resin
China PR
China PR
Any
Any
88
MT
US Dollar
7.
3904
Poly Vinyl
Chloride
Paste Resin
China PR
Any country
other than the
subject
countries and
countries
attracting Anti-
Dumping Duty
under any
other
notification
Any
Any
88
MT
US Dollar
8.
3904
Poly Vinyl
Chloride
Paste Resin
Any country
other than
the subject
countries
and
countries
attracting Anti-
Dumping
Duty under
any other
notification
China PR
Any
Any
88
MT
US Dollar
9.
3904
Poly Vinyl
Chloride
Paste Resin
Malaysia
Malaysia
Any
Any
214
MT
US Dollar
10.
3904
Poly Vinyl
Chloride
Paste Resin
Malaysia
Any country
other than the
subject
countries and
countries
attracting Anti-
Dumping Duty
under any
other
notification
Any
Any
214
MT
US Dollar
11
3904
Poly Vinyl
Chloride
Paste Resin
Any country
other than
the subject
countries
and
countries
attracting
Anti-
Dumping
Duty under
any other
notification
Malaysia
Any
Any
214
MT
US Dollar
12.
3904
Poly Vinyl
Chloride
Paste Resin
Taiwan
Taiwan
Any
Any
101
MT
US Dollar
13.
3904
Poly Vinyl
Chloride
Paste Resin
Taiwan
Any country
other than the
subject
countries and
countries
attracting Anti-
Dumping Duty
under any
other
notification
Any
Any
101
MT
US Dollar
14.
3904
Poly Vinyl
Chloride
Paste Resin
Any country
other than
the subject
countries
and countries
attracting
Anti-
Dumping
Duty under
any other
notification
Taiwan
Any
Any
101
MT
US Dollar
15.
3904
Poly Vinyl
Chloride
Paste Resin
Thailand
Thailand
Any
Any
111
MT
US Dollar
16.
3904
Poly Vinyl
Chloride
Paste Resin
Thailand
Any country
other than the
subject
countries and
countries
attracting Anti-
Dumping Duty
under any
other
notification
Any
Any
111
MT
US Dollar
17.
3904
Poly Vinyl
Chloride
Paste Resin
Any country
other than
the subject
countries
and
countries
attracting
Anti-
Dumping
Duty under
any other
notification
Thailand
Any
Any
111
MT
US Dollar
18.
3904
Poly Vinyl
Chloride
Paste Resin
European
Union
European
Union
Any
Any
298
MT
US Dollar
19.
3904
Poly Vinyl
Chloride
Paste Resin
European
Union
Any country
other than the
subject
countries and
countries
attracting Anti-
Dumping Duty
under any
other
notification
Any
Any
298
MT
US Dollar
20.
3904
Poly Vinyl
Chloride
Paste Resin
Any country
other than
the subject countries
and
countries
attracting
Anti-
Dumping
Duty under
any other
notification
European
Union
Any
Any
298
MT
US Dollar

 * Note: The following shall be excluded from the scope of levy of the above anti-dumping duty:

(i) Blending resin;

(ii) Co-polymers of PVC paste resin;

(iii) Battery separator resin; and

(iv) PVC Paste Resin of K value below 60

2. The anti-dumping duty imposed under this notification shall be levied for a period of five years 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 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. 354/92/2015-TRU]

(Mohit Tiwari)

Under Secretary

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