Seeks to impose Anti-Dumping duty on Fluoroelastomers (FKM) originating in or exported from China PR for a period of 5 years, in pursuance of sunset review final findings issued by DGTR

MINISTRY OF FINANCE
(Department of Revenue)
New Delhi, the 27th November, 2020

Notification No. 40/2020-Customs (ADD)

G.S.R. 743(E).—Whereas, the designated authority, vide notification No. 7/3/2020-DGTR, dated the 7th February, 2020, 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 ‘Fluoroelastomers (FKM)’ (hereinafter referred to as the subject goods) falling under tariff items 3904 50 90, 3904 69 10, 3904 69 90 and 3904 90 90 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), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 6/2019-Customs (ADD), dated the 28th January, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 52(E), dated the 28th January, 2019;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject country up to and inclusive of the 27th October, 2020 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 19/2020-Customs (ADD), dated the 21st July, 2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 459(E), dated the 21st July, 2020;

And whereas, the Central Government had further extended the anti-dumping duty on the subject goods, originating in or exported from the subject country up to and inclusive of the 27th November, 2020 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 33/2020-Customs (ADD), dated the 27th October, 2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 672(E), dated the 27th October, 2020;

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. 7/3/2020-DGTR, dated the 19th October, 2020, 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 subject country and the imports are likely to enter the Indian market at dumped prices in the event of expiry of duty;

(ii) there is a continued injury to the domestic industry despite anti-dumping duty in existence;

(iii) the information on record shows likelihood of continuation of dumping and injury in case the anti-dumping duty in force is allowed to cease at this stage;

(iv) there is sufficient evidence to indicate that the cessation of anti-dumping duty at this stage will lead to continuation of dumping and injury to the Domestic Industry,

and has recommended imposition of 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 tariff items 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), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (7), as per unit of measurement as specified in the corresponding entry in column (8) and in the currency as specified in the corresponding entry in column (9) of the said Table, namely:-

TABLE

S. No. Tariff item Descr iption of Goods Country of Origin Country of Export Producer Duty Amo unt Unit Curr ency
(1) (2) (3) (4) (5) (6) (7) (8) (9)
1. 39045090, 39046910, 39046990,  39049090 Fluoro elast omers (FKM) *note below China PR Any country including China PR M/s Chenguang Fluoro and Silicone Elastomers Co.,Ltd. 3.85 Kg US$
2. 39045090, 39046910,  39046990,  39049090 Fluoro elast omers (FKM) *note below China PR Any country including China PR M/s Zhonghao Chenguang Research Institute of Chemical Industry Co., Ltd. 1.30 Kg US$
3. 39045090,  39046910,  39046990,  39049090 Fluoro elast omers (FKM) *note below China PR Any country including China PR M/s Daikin Fluoro chemicals (China) Co., Ltd Through M/s M/s Uni Alliance Limited, Hong Kong 1.04 Kg US$
4. 39045090, 39046910, 39046990,  39049090 Fluoro elastomers (FKM) *note below China PR Any country including China PR Inner Mongolia 3F Wanhao Fluoro chemical Co/ Ltd 6.84 Kg US$
5. 39045090, 39046910, 39046990,  39049090 Fluoro elastomers (FKM) *note below China PR Any country including China PR Any other than mentioned in S.No. 1 to 4 above 8.86 Kg US$
6. 39045090, 39046910, 39046990,  39049090 Fluoro elastomers (FKM) *note below Any country other than China PR China PR Any 8.86 Kg US$

* The scope of the product under consideration is Fluoroelastomers, including Copolymer fluoroelastomers, Terpolymer fluoroelastomers, Copolymer Raw gum, Copolymer Pre-Compound, Terpolymer Bisphenol Curable Raw Gum, Terpolymer Peroxide Curable Raw Gum and Terpolymer Bisphenol Curable Pre-Compound:

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

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. 354/10/2019-TRU]
GAURAV SINGH, Dy. Secy.

**********

MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(DIRECTORATE GENERAL OF TRADE REMEDIES)

Corrigendum to Final Findings Notification No. 7/3/2020-DGTR 19.10.2020

New Delhi, the 27th November, 2020

Subject : Corrigendum to Final Findings issued in Sunset Review investigation concerning antidumping duty on imports of ‘Fluoroelstomer’(FKM) originating in or exported from China PR.

F. No. 7/3/2020-DGTR.—

1. Having regard to the Customs Tariff Act, 1975, as amended from time to time and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, as amended from time to time, thereof, the Designated Authority hereby makes the following corrections in the Final Findings issued, vide notification No. 7/3/2020-DGTR dated 19.10.2020, in respect of subject Anti-dumping investigation.

2. The Tariff heading ‘3904 90 00’, wherever appearing in the final findings including that in the Duty table, shall be corrected as ‘3904 90 90’.

3. The foot note to duty table to be read as;

‘The scope of the product under consideration is Fluoroelastomers, including Copolymer fluoroelastomers, Terpolymer fluoroelastomers, Copolymer Raw gum, Copolymer PreCompound, Terpolymer Bisphenol Curable Raw Gum, Terpolymer Peroxide Curable Raw Gum and Terpolymer Bisphenol Curable Pre-Compound. However, FKM compound and Perfluoroelastomer (FFKM) are excluded from the scope of the subject goods’ Instead of

‘The scope of the product under consideration is Fluoroelastomers, including Copolymer fluoroelastomers, Terpolymer fluoroelastomers, Copolymer Raw gum, Copolymer PreCompound, Terpolymer Bisphenol Curable Raw Gum, Terpolymer Peroxide Curable Raw Gum and Terpolymer Bisphenol Curable Raw Gum. However, FKM compound and Perfluoroelastomer (FFKM) are excluded from the scope of the subject goods’

B.B. SWAIN, Spl. Secy. & Designated Authority

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