Ministry of Finance, through Notification No. 09/2024-Customs (ADD) dated 13 June 2024, has imposed a provisional anti-dumping duty on ‘Poly Vinyl Chloride Paste Resin’ imported from China PR, Korea RP, Malaysia, Norway, Taiwan, and Thailand. This decision follows the preliminary findings by the designated authority, which indicated that these imports were being dumped in the Indian market at prices that caused substantial injury to the domestic industry. The anti-dumping duty rates vary based on the producer and the country of origin, with specific rates detailed in the notification.
The imposed duties, effective for six months from the date of publication, aim to protect the domestic industry from the adverse effects of dumped imports. The notification outlines the applicable duty rates for different producers and countries, specifying that duties are payable in US dollars per metric tonne. Certain products, such as those with a K value below 60K and specific types of resins, are excluded from this scope. The relevant exchange rates for duty calculation will be based on the notifications issued by the Ministry of Finance from time to time.
MINISTRY OF FINANCE
(Department of Revenue)
NOTIFICATION
Notification No. 09/2024-Customs (ADD) | Dated : 13 June 2024
G.S.R. 323(E).—Whereas, in the matter of ‘Poly Vinyl Chloride Paste Resin’ (hereinafter referred to as the subject goods), falling under tariff items 3904 10 10, 3904 10 20, 3904 10 90, 3904 21 00, 3904 22 00, 3904 30 10, 3904 30 90, 3904 90 00, 3904 40 00 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, Korea RP, Malaysia, Norway, Taiwan and Thailand (hereinafter referred to as the subject countries) and imported into India, the designated authority vide its preliminary findings No. 6/17/2023-DGTR, dated the 26th April, 2024, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 26th April, 2024, has provisionally concluded that-
(i) the product under consideration that has been exported to India from the subject countries are at dumped prices;
(ii) there is substantial increase in imports of subject goods from the subject countries in both absolute terms and in relation to production and consumption;
(iii) the material injury suffered by the domestic industry has been caused by the dumped imports from the subject countries,
and has recommended imposition of provisional anti-dumping duty on imports of the subject goods, originating in, or exported from the subject countries and imported into India, in order to remove injury to the domestic industry.
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the Customs Tariff Act read with rules 13 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, on the basis of the aforesaid 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), and imported into India, a provisional anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (7), 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 (8) of the said Table, namely:-
TABLE
Sl. No. |
Tariff item |
Description of goods |
Country of origin |
Country of exports |
Producer |
Duty amount |
Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
1. |
39041010 39041020 39041090 39042100 39042200 39043010 39043090 39049000 39044000 39049090 ## |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
People’s Republic of China |
Anycountry including People’s Republic of China |
Formosa Industries (Ningbo) Co., Ltd. |
546 |
Metric Tonne |
US$ |
2. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
People’s Republic of China |
Anycountry including People’s Republic of China |
Shenyang Chemical Co., Ltd. |
115 |
Metric Tonne |
US$ |
3. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
People’s Republic of China |
Any country including People’s Republic of China |
Any producer other than SN 1 and 2 mentioned above |
600 |
Metric Tonne |
US$ |
4. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
Any country other than subject countries |
People’s Republic of China |
Any producer |
600 |
Metric Tonne |
US$ |
5. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
Korea RP |
Any country including Korea RP |
Hanwha Solutions Corporation |
Nil |
Metric Tonne |
US$ |
6. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
Korea RP |
Any country including Korea RP |
Any producer other than SN 5 mentioned above |
41 |
Metric Tonne |
US$ |
7. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
Any country other than subject countries |
Korea RP |
Any producer |
41 |
Metric Tonne |
US$ |
8. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
Malaysia |
Any country including Malaysia |
Kaneka Paste Polymers Sdn. Bhd. |
317 |
Metric Tonne |
US$ |
9. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
Malaysia |
Any country including Malaysia |
Any producer other than SN 8 mentioned above |
375 |
Metric Tonne |
US$ |
10. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
Any country other than subject countries |
Malaysia |
Any producer |
375 |
Metric Tonne |
US$ |
11. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
Taiwan |
Any country including Taiwan |
Formosa Plastics Corporation |
118 |
Metric Tonne |
US$ |
12. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
Taiwan |
Any country including Taiwan |
Any producer other than SN 11 mentioned above |
168 |
Metric Tonne |
US$ |
13. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
Any country other than subject countries |
Taiwan |
Any producer |
168 |
Metric Tonne |
US$ |
14. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
Thailand |
Any country including Thailand |
TPC Paste Resin Co., Ltd. |
195 |
Metric Tonne |
US$ |
15. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
Thailand |
Any country including Thailand |
Any producer other than SN 14 mentioned above |
252 |
Metric Tonne |
US$ |
16. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
Any country other than subject countries |
Thailand |
Any producer |
252 |
Metric Tonne |
US$ |
17. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
Norway |
Any country including Norway |
Any producer |
328 |
Metric Tonne |
US$ |
18. |
do |
‘Poly Vinyl Chloride Paste Resin’, also known as Emulsion PVC Resin # |
Any country other than subject countries |
Norway |
Any producer |
328 |
Metric Tonne |
US$ |
#The following products are excluded from the scope of the product under consideration (PUC):
(a) PUC with a K value below 60K
(b) PVC Blending Resin
(c) Co-polymers of PVC Paste Resin
(d) Battery separator resins
(e) The brand name “Biovyn” produced by Innovyn Europe Ltd.
## The customs classification is indicative only and not binding on the scope of the product under consideration.”
2. The provisional anti-dumping duty imposed under this notification shall be effective for a period of six months (unless revoked, amended or superseded 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. CBIC-190354/63/2024-TRU Section-CBEC]
NITISH KARNATAK, Under Secy.