India Imposes Anti-Dumping Duty on CPVC from China and Korea

The Indian Ministry of Finance has issued a notification extending the imposition of anti-dumping duties on imports of Chlorinated Polyvinyl Chloride (CPVC) from China and Korea for five years. This decision follows a review by the Directorate General of Trade Remedies (DGTR), which found that CPVC imports from these countries continue to be priced below normal value, causing harm to the Indian domestic industry. The anti-dumping duty aims to protect local manufacturers from injury due to the continued dumping of CPVC at unfair prices. The duty applies to various forms of CPVC, whether processed into compounds or not, and is based on a specified rate per metric ton, payable in Indian currency. The duty is imposed on goods originating from China and Korea, as well as on goods exported from these countries, regardless of the country of origin. This measure ensures that the domestic industry remains protected from potential harm due to underpriced imports. The notification also details the applicable exchange rates for calculating the duty and the relevant dates for determining these rates.

MINISTRY OF FINANCE
(Department of Revenue)
NOTIFICATION
New Delhi

Notification No. 15/2024-Customs (ADD) | Dated: 23rd August, 2024

G.S.R. 516(E).—Whereas, the designated authority, vide notification number 7/28/2023- DGTR, dated the 29^th December, 2023, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29^th December, 2023, initiated the 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), read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on imports of “Chlorinated Polyvinyl Chloride Resin (CPVC)-whether or not further processed into compound” (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 China PR and Korea RP (hereinafter referred to as the subject countries), imposed vide notification of the Government of India, Ministry of Finance (Department of Revenue) number 05/2020-Customs (ADD), dated the 7^th March, 2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 164(E), dated the 7^th March, 2020;

And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, the designated authority in its final findings, vide notification number 7/28/2023-DGTR, dated the 25^th May, 2024, published in the Gazette of India, Extraordinary, Part-I, Section 1, dated the 27^th May, 2024, has come to the conclusion that-

(i) the subject goods continue to be exported to India at prices below the normal value, resulting into dumping of the subject goods;

(ii) dumped imports from subject countries are causing injury to the domestic industry;

(iii) there is likelihood of dumping and likelihood of injury from the subject countries in an event of expiry of measures and if the anti-dumping measures are not modified,

and has recommended continued imposition of the anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, in order to remove injury to the domestic industry.

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, 20 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti­dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and in supersession of the notification of the Government of India, Ministry of Finance (Department of Revenue), number 05/2020-Customs (ADD), dated the 7^th March, 2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 164(E), dated the 7^th March, 2020, except as respects things done or omitted to be done before such supersession, 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 tariff item of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4), exported from the country as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), of specification as specified in the corresponding entry in column (7), an anti-dumping duty at the rate equal to the amount as indicated in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (9) and as per unit of measurement as specified in the corresponding entry in column (10), of the said Table, namely :-

TABLE

Note:− Customs classification is indicative only and not binding on the scope of the product under consideration. If the product is imported in any other code, the same is liable to anti-dumping duty.

2. The anti-dumping duty imposed under this notification shall be levied 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 payable in Indian currency.

Explanation.- For the purposes of this notification, rate of exchange applicable for the purpose of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, 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. CBIC-190354/117/2024-TRU Section-CBEC]

AMREETA TITUS, Dy. Secy.