[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

18th November, 2004

Notification No. 110/2004-Customs

Whereas, the designated authority vide notification No.15/6/2003-DGAD, dated the 8th October, 2003, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 9th October, 2003, had initiated review in the matter of continuation of final anti-dumping duty on Polytetrafluoroethylene, falling under tariff item 3904 61 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as PTFE), originating in, or exported from Russia, imposed vide notification of Government of India in the Ministry of Finance (Department of Revenue), No.141/1999-Customs, dated the 30th December,  1999 [G.S.R. 839 (E), dated the 30th December,  1999]

And whereas, the designated authority vide notification No. 15/6/2003-DGAD, dated the 7th October, 2004, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 7th October, 2004, after conducting Sunset Review has come to the conclusion that-

 (a) PTFE has been exported to India from Russia below its normal value during the period of investigation;

(b) the domestic industry continues to suffer material injury on account of dumped imports of PTFE from Russia;

(c)  injury has been caused to the domestic industry by the dumped imports of PTFE from Russia and

(d) anti dumping duties are required to be imposed in respect of imports of PTFE from Russia, as withdrawal thereof would lead to continuation of dumping and injury;and has recommended the continued imposition of definitive anti-dumping duty on all imports of  PTFE, originating in, or exported from Russia;

Now, therefore in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and 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, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in the corresponding entry in column (4),  originating in the countries as specified in the corresponding entry in column (5) , and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate  which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.

Table

S.No.
Tariff item
Description of goods
Specifi
cation
Country of origin
Country of export
Producer
Exporter
Amt
Unit of measurement
Curr
ency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
1.
3904 61 00
Polytetrafluoroe
thylene (PTFE)
All grades
Russia
Any country
Any producer
Any exporter
12.66
Kilogram
U S Dollar
2.
3904 61 00
Polytetrafluoroe
thylene (PTFE)
All grades
Any country
Russia
Any producer
Any exporter
12.66
Kilogram
U S Dollar

2. This notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) and the anti-dumping duty shall be paid in Indian currency.

Explanation. – For the purposes of this notification, –

(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(b) rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification, issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 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.354/106/2004-TRU

 V.Sivasubramanian
Deputy Secretary to the Government of India

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Category : Custom Duty (6611)
Type : Notifications (15213) Notifications/Circulars (30084)

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