CBIC seeks to impose definitive anti-dumping duty on Fluoroelastomers (FKM) originating in or exported from China PR vide Notification No. 6/2019-Customs (ADD) Dated 28th January, 2019

MINISTRY OF FINANCE
(Department of Revenue)
NOTIFICATION
New Delhi, the 28th January, 2019
Notification No. 6/2019-Customs (ADD)

G.S.R. 52(E).—Whereas, in the matter of import of ‘Fluoroelastomers (FKM)’ (hereinafter referred to as the subject goods) falling under the tariff items 3904 50 90, 3904 69 90, 3904 90 00 and 3904 69 10 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 China PR (hereinafter referred to as the subject country), and imported into India, the designated authority in its final findings vide notification No. 6/25/2017-DGAD, dated the 27th December 2018, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th December 2018, has come to the conclusion that—

(a) the product under consideration has been exported to India from the subject country below its normal value, resulting in dumping;

(b) the Domestic Industry has suffered material injury and material retardation due to dumping of the product under consideration from the subject country;

(c) the aforesaid injury has been caused by the dumped imports from the subject country,

and has recommended the imposition of definitive anti-dumping duty (for 18 months) on the imports of subject goods, originating in or exported from the subject country and imported into India, 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 and 20 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 tariff item of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in and exported from the countries as specified in the corresponding entry in colums (4) and (5) respectively, 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 specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9) of the said Table:-

TABLE

S.
No.
Heading/ Sub- heading
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.
39045090, 39046990, 39049000, or 39046910
Fluoro elastomers (FKM)
China
China
Inner Mongolia 3F Wanhao Fluorochemical Co. Ltd.
Shanghai Huayi 3F
New Materials Sales Co. Ltd.
3.85
Kg
US$
2.
39045090, 39046990, 39049000, or 39046910
Fluoro elastomers (FKM)
China
China
M/s Solvay Speciality Polymers (Changshu) Co. Ltd.
M/s Solvay Speciality polymers (Changshu) Co. Ltd.
4.24
Kg
US$
3.
39045090, 39046990, 39049000, or 39046910
Fluoro elastomers (FKM)
China
China
Chenguang Fluoro & Silicone Elastomers Co. Ltd.
Chenguang
Fluoro &
Silicone
Elastomers
Co. Ltd.
3.6
Kg
US$
4.
39045090, 39046990, 39049000, or 39046910
Fluoro elastomers (FKM)
China
China
Daikin Fluorochemicals (China) Co. Ltd.
Uni Alliance Limited
0.078
Kg
US$
5.
39045090, 39046990, 39049000, or 39046910
Fluoro elastomers (FKM)
China
China
Zhonghao Chenguang Research Institute of Chemical Industry Co. Ltd.
Zhonghao Chenguang Research Institute of Chemical Industry Co. Ltd.
3.56
Kg
US$
6.
39045090, 39046990, 39049000,
or
39046910
Fluoro elastomers (FKM)
China
China
Any Combination other than mentioned in S.No. 1 to 5 above
7.31
Kg
US$
7.
39045090, 39046990, 39049000,
or
39046910
Fluoro elastomers (FKM)
China
Any country other than China PR
Any
Any
7.31
Kg
US$
8.
39045090, 39046990, 39049000,
or
39046910
Fluoro elastomers (FKM)
Any country other than China PR
China
Any
Any
7.31
Kg
US$

*FKM compound and Perfluoroelastomer (FFKM) are excluded from the scope of the subject goods.

2. The anti-dumping duty imposed shall be effective for a period of eighteen months (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 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. 354/10/2019-TRU]
GUNJAN KUMAR VERMA, Under Secy.

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