CHAPTER 39
Plastics and articles thereof
NOTES :
1. Throughout this Schedule, the expression “plastics” means those materials of headings 3901 to 3914 which are or have been capable, either at the moment of polymerisation or at some subsequent stage, of being formed under external influence (usually heat and pressure, if necessary with a solvent or plasticiser) by moulding, casting, extruding, rolling or other process into shapes which are retained on the removal of the external influence.
Throughout this Schedule any reference to “plastics” also includes vulcanised fibre. The expression, however,does not apply to materials regarded as textile materials of Section XI.
2. This Chapter does not cover:
(a) lubricating preparations of heading 2710 or 3403;
(b) waxes of heading 2712 or 3404;
(c) separate chemically defined organic compounds (Chapter 29);
(d) heparin or its salts (heading 3001);
(e) solutions (other than collodions) consisting of any of the products specified in headings 3901 to 3913 in volatile organic solvents when the weight of the solvent exceeds 50% of the weight of the solution (heading 3208); stamping foils of heading 3212;
(f) organic surface-active agents or preparation of heading 3402;
(g) run gums or ester gums (heading 3806);
(h) prepared additives for mineral oils (including gasoline) or for other liquids used for the same purposes as mineral oils (heading 3811);
(ij) prepared hydraulic fluids based on polyglycols, silicones or other polymers of Chapter 39 (heading 3819);
(k) diagnostic or laboratory reagents on a backing of plastics (heading 3822);
(l) synthetic rubber, as defined for the purpose of Chapter 40, or articles thereof;
(m) saddlery or harness (heading 4201) or trunks, suit-cases, hand-bags or other containers of heading 4202;
(n) plaits, wickerwork or other articles of Chapter 46;
(o) wall coverings of heading 4814;
(p) goods of Section XI (textiles and textile articles);
(q) articles of Section XII (for example, footwear, headgear, umbrellas, sun umbrellas, walking-sticks, whips, ridingcrops or parts thereof);
(r) imitation jewellery of heading 7117;
(s) articles of Section XVI (machines and mechanical or electrical appliances);
(t) parts of aircraft or vehicles of Section XVII;
(u) articles of Chapter 90 (for example, optical elements, spectacle frames, drawing instruments);
(v) articles of Chapter 91 (for example, clock or watch cases);
(w) articles of Chapter 92 (for example, musical instruments or parts thereof);
(x) articles of Chapter 94 (for example, furniture, lamps and lighting fittings, illuminated signs, prefabricated buildings);
(y) articles of Chapter 95 (for example, toys, games, sports requisites); or
(z) articles of Chapter 96 (for example, brushes, buttons, slide fasteners, combs, mouth-pieces or stems for smoking pipes, cigarette-holders or the like, parts of vacuum flasks or the like, pens, propelling pencils).
(Note 2 has been amended vide Finance Bill 2006 w.e.f. from 01/01/2007)
[OLD2. This Chapter does not cover:
(a) waxes of heading 2712 or 3404;
(b) separate chemically defined organic compounds (Chapter 29);
(c) heparin or its salts (heading 3001);
(d) solutions (other than collodions) consisting of any of the products specified in headings 3901 to 3913 in volatile organic solvents when the weight of the solvent exceeds 50% of the weight of the solution (heading 3208); stamping foils of heading 3212;
(e) organic surface-active agents or preparation of headings 3402;
(f) run gums of ester gums (heading 3806);
(g) diagnostic or laboratory reagents on a backing of plastics (heading 3822);
(h) synthetic rubber, as defined for the purpose of Chapter 40, or articles thereof;
(ij) saddlery or harness (heading 4201) or trunks, suitcases, handbags or other containers of heading 4202;
(k) plaits, wickerwork or other articles of Chapter 46;
(l) wall coverings of heading 4814;
(m) goods of Section XI (textiles and textile articles);
(n) articles of Section XII (for example, footwear, headgear, umbrellas, sun umbrella, walking-sticks, whips, riding-crops or parts thereof);
(o) lmitation jewelry of heading 7117;
(p) articles of Section XVI (machines and mechanical or electrical appliances);
(q) parts of aircraft or vehicles of Section XVII;
(r) articles of Chapter 90 (for example, optical elements, spectacle frames, drawing instruments);
(s) articles of Chapter 91 (for example, clock or watch cases);
(t) articles of Chapter 92 (for example, musical instruments or parts thereof);
(u) articles of Chapter 94 (for example, furniture, lamps and lighting fittings, illuminated signs, prefabricated buildings);
(v) articles of Chapter 95 (for example, toys, games, sports requisites); or
(w) articles of Chapter 96 (for example, brushes, buttons, slide fasteners, combs, mouth-pieces or stems for smoking pipes, cigarette-holders or the like, parts of vacuum flasks or the like, pens, propelling pencils).
]
3. Headings 3901 to 3911 apply only to goods of a kind produced by chemical synthesis, falling in the following categories:
(a) liquid synthetic polyolefins of which less than 60% by volume distils at 3000C, after conversion to 1,013 millibars when a reduced pressure distillation method is used (headings 3901 and 3902);
(b) resins, not highly polymerised, of the coumarone-indene type (heading 3911);
(c) other synthetic polymers with an average of at least 5 monomer units;
(d) silicones (heading 3910);
(e) resols (heading 3909) and other prepolymers.
4. The expressions “copolymers” covers all polymers in which no single monomer unit contributes 95% or more by weight to the total polymer content.
For the purposes of this Chapter, except where the context otherwise requires, copolymers (including copolycondensates, co-polyaddition products, block copolymers and graft copolymers) and polymer bends are to be classified in the heading covering polymers of that comonomer unit which predominates by weight over every other single comonomer unit. For the purposes of this Note, constituent comonomer units of polymers falling in the same heading shall be taken together.
If no single comonomer unit predominates, copolymers or polymer blends, as the case may be, are to be classified in the heading which occurs last in numerical order among those which equally merit consideration.
5. Chemically modified polymers, that is those in which only appendages to the main polymer chain have been changed by chemical reaction, are to be classified in the heading appropriate to the unmodified polymer. This provision does not apply to graft copolymers.
6. In headings 3901 to 3914, the expression “primary forms” applies only to the following forms:
(a) liquids and pastes, including dispersions (emulsions and suspensions) and solutions;
(b) blocks of irregular shape, lumps, powders (including moulding powders), granules, flakes and similar bulk forms.
7. Heading 3915 does not apply to waste, parings and scrap of a single thermoplastic material, transformed into primary forms (headings 3901 to 3914).
8. For the purposes of heading 3917, the expression “tubes, pipes and hoses” means hollow products, whether semi-manufactures or finished products, of a kind generally used for conveying, conducting or distributing gases or liquids (for example, ribbed garden hose, perforated tubes). This expression also includes sausage casings and other lay-flat tubing. However, except for the last-mentioned, those having an internal cross-section other than round, oval, rectangular (in which the length does not exceed 1.5 times the width) or in the shape of a regular polygon are not to be regarded as tubes, pipes and hoses but as profile shapes.
9. For the purposes of heading 3918, the expression “wall or ceiling coverings of plastics” applies to products in rolls, of a width not less than 45 cm, suitable for wall or ceiling decoration, consisting of plastics fixed permanently on a backing of any material other than paper, the layer of plastics (on the face side) being grained, embossed, coloured, design-printed or otherwise decorated.
10. In headings 3920 and 3921, the expression “plates, sheets, film foil and strip” applies only to plates, sheets, film, foil and strip (other than those of Chapter 54) and to blocks of regular geometric shape, whether or not printed or otherwise surface-worked, uncut or cut into rectangles (including squares) but not further worked (even if when so cut they become articles ready for use).
11. Heading 3925 applies only to the following articles, not being products covered by any of the earlier headings of sub-Chapter II:
(a) reservoirs, tanks (including septic tanks), vats and similar containers, of a capacity exceeding 300 l;
(b) structural elements used, for example, in floors, walls or partitions, ceilings or roofs;
(c) gutters and fittings thereof;
(d) doors, windows and their frames and thresholds for doors;
(e) balconies, balustrades, fencing, gates and similar barriers ;
(f) shutters, blinds (including Venetian blinds) and similar articles and parts and fittings thereof;
(g) large scale shelving for assembly and permanent installation, for example, in shops, workshops, warehouses;
(h) ornamental architectural features, for example, flutings, cupolas, dovecotes; and
(ij) fittings and mountings intended for permanent installation in or on doors, windows, staircases, walls or other parts of buildings, for example, knobs, handles, hooks, brackets, towel rails, switch-plates and other protective plates.
SUB-HEADING NOTES :
1. Within any one heading of this Chapter, polymers (including copolymers) and chemically modified polymers are to be classified according to the following provisions:
(a) where there is a sub-heading named "Other" in the same series:
(1) the designation in a sub-heading of a polymer by the prefix "poly" (for example
[OLDe.g.
], polyethylene and polyamide –6,6) means that the constituent monomer unit or monomer units of the named polymer taken together must contribute 95% or more by weight of the total polymer content;
(In Sub-heading note 1 clause (a), in sub-clause (1) has been amended vide Finance Bill 2006 w.e.f. from 01/01/2007)
(2) the copolymers named in sub-headings 3901 30, 3903 20, 3903 30 and 3904 30 are to be classified in those sub-headings, provided that the comonomer units of the named copolymers contribute 95% or more by weight of the total polymer content;
(3) chemically modified polymer are to be classified in the sub-heading named “Other”, provided that the chemically modified polymers are not more specifically covered by an other sub-heading;
(4) polymers not meeting (1), (2) or (3) above, are to be classified in the sub-heading, among the remaining sub-headings in the series, covering polymers of that monomer unit which predominates by weight over every other single comonomer unit. For this purpose, constituent monomer units of polymers falling in the same sub-heading shall be taken together. Only the constituent comonomer units of the polymers in the series of sub-headings under consideration are to be compared;
(b) where there is no sub-heading named “Other” in the same series:
(1) polymers are to be classified in the sub-heading covering polymers of that monomer unit which predominates by weight over every other single comonomer unit. For this purpose, constituent monomer units of polymers falling in the same sub-heading shall be taken together. Only the constituent comonomer units of the polymers in the series under consideration are to be compared;
(2) chemically modified polymers are to be classified in the sub-heading appropriate to the unmodified polymer.
Polymer blends are to be classified in the same sub-heading as polymers of the same monomer units in the same proportions.
2. For the purposes of sub-heading 3920 43, the term “plasticisers” includes secondary plasticisers.
ANTI-DUMPING DUTY NOTIFICATIONS
Anti-dumping duty on Polystyrene originating in or exported from Hongkong, Singapore and Thailand:
[Notfn. No. 158/00-Cus., dt. 27.12.2000 as amended by 10/05-Cus., dt. 16.2.2005]
WHEREAS in the matter of import of Polystyrene, falling under Chapter 39 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from, the People"s Republic of China, Hong Kong, Singapore and Thailand, the Designated Authority vide its preliminary findings, published in the Gazette of India Extraordinary, Part I, Section 1, dated the 28th September, 1999, had come to the conclusion that-
(a) Polystyrene, originating in, or exported from, Hong Kong, Singapore and Thailand has been exported to India below normal value, resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused by the imports from the subject countries;
(d) the volume of imports from the People"s Republic of China during the period of investigation is de minimus and therefore the Authority does not consider it appropriate to recommend anti-dumping duty with respect to imports from the People"s Republic of China;
AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification No. 116/99-Customs, dated the 14th October,1999, [G.S.R.701(E), dated the 14th October, 1999] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 14th October, 1999;
AND WHEREAS the Designated Authority vide its final findings published in Part I, Section I of the Gazette of India Extraordinary, dated the 8th March, 2000 has come to conclusion that-
(a) Polystyrene, originating in, or exported from, Hong Kong, Singapore and Thailand has been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the imports from the subject countries;
(d) the volume of imports from the People"s Republic of China during the period of investigation is de minimus and therefore the Authority does not consider it appropriate to recommend anti-dumping duty with respect to imports from the People"s Republic of China;
AND WHEREAS on the basis of the aforesaid final findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 42/2000-Customs, dated the 11th April,2000, [G.S.R.330(E), dated the 11th April, 2000] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 11th April, 2000;
AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT), in its final order No. 36/2000-AD, dated the 3rd October, 2000 in Appeal No. C/266/2000-AD in the matter of M/s Dow Chemical Pacific Ltd. vs The Designated Authority and Others, has directed the Government of India to fix the antidumping duty in US dollar terms;
AND WHEREAS the Designated Authority has accepted the above order of CEGAT dated the 3rd October, 2000 and issued Corrigendum to the aforesaid final findings, dated 8th March, 2000;
Now, therefore, in exercise of the powers conferred by sub-section (1) and (8) of section 9A, read with rules 18 and 20 of Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 42/2000-Customs dated the 11th April, 2000 [G.S.R.330(E), dated the 11th April, 2000], except as respect things done or omitted to be done before such supersession, the Central Government hereby imposes on High Impact Polystyrene (HIPS) and General Purpose Polystyrene (GPPS), falling under Chapter 39 of the First Schedule to the said Customs Tariff Act, originating in, or exported form the countries mentioned in column (2) of the Table annexed hereto, and when exported by exporters mentioned in the corresponding entry in column (3) of the said Table, and imported into India, an anti-dumping duty at the rate mentioned in the corresponding entry in column (4) of the said Table.
TABLE
| S.No. | Name of Country | Name of the Exporter | Amount of anti-dumping duty
(in US $ per metric tonne) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1. | Hong Kong | Any Exporter of - |
| (i) GPPS | 47.08 |
| (ii) HIPS | 126.05 |
| 2. | Singapore | Any Exporter of - |
| (i) GPPS | 12.76 |
| (ii) HIPS | 20.28 |
| 3. | Thailand | Any Exporter of - |
| (i) GPPS | 145.97 |
| (ii) HIPS | 238.66 |
2. The anti-dumping duty shall be paid in Indian currency.
3. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 12th day of October, 2005
Explanation : For the purposes of this notification, "rate of exchange" applicable for the purposes of calculation of anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department or Revenue), issued from time to time, in exercise of the powers under subclause (i) of clause (a) of sub-section (3) of 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.
Anti-dumping duty on Polyester film originating in as amended by or exported from the People"s Republic of Korea and Indonesia:
[Notfn. No. 48/01-Cus., dt. 10.5.2001 as amended by Notfn. No. 125/01-Cus., dt. 14.12.2001and No. 118/02-Cus.,dt. 30.10.2002].
WHEREAS in the matter of import of Polyester film, falling under sub-heading No. 3920.69 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of Korea and Indonesia, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th August, 2000 had come to the conclusion that -
(a) Polyester film originating in, or exported from, the People’s Republic of Korea and Indonesia has been exported to India below its normal value, resulting in dumping;
(b) the Indian domestic industry has suffered material injury;
(c) the injury has been caused cumulatively by the imports from subject countries; and
(d) no injury has been caused to domestic industry from imports of sun/dust controlled films;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 141/2000–Customs, dated the 15th November, 2000, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 15th November, 2000, vide G.S.R.869(E), dated the 15th November, 2000;
AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th March, 2001 has come to the conclusion that -
(a) Polyester film originating in, or exported from, the People’s Republic of Korea and Indonesia has been exported to India below normal value, resulting in dumping;
(b) the Indian domestic industry has suffered material injury;
(c) no injury has been caused as a result of import of sun/dust controlled polyester film and polyester films for capacitor applications, wherein the import prices were found to be higher than US $ 6.50 per kilogramme; and
(d) the injury has been caused cumulatively by the imports from the subject countries;
AND WHEREAS M/s Toray Saehan Inc. and M/s Saehan Industries, People’s Republic of Korea, have given an undertaking under rule 15 of Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, not to export Polyester film of the grade mentioned in column (2) of the Table annexed hereto, of thickness mentioned in corresponding entry in column (3) of the said Table and of length mentioned in corresponding entry in column (4) of the said Table, falling under sub-heading No. 3920.69, below the “landed value” mentioned in corresponding entry in column (5) of the said Table,-
Table I
| S. No. | Description of Polyester film | Landed value
(US $ per kilo- gramme) |
|---|
| Grade | Thickness( micron) | Length(meters) |
|---|
| (1) | (2) | (3) | (4) | (5) |
|---|
| 1 | Packaging film | 8.30 | 6000-36000 | 2.146 |
| 2 | Polyester film (excluding packaging or sun/dust controlled) | XA: 9-16
XV: 11-17
XG:16-32 | XA: 5000-15000
XV: 14000-17000
XG: 500-6000 |
1.888 |
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A and 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, on the basis of the aforesaid final findings of the designated authority, hereby imposes on Polyester film of 9 micron and above, of grades specified in column (4) of the Table II annexed hereto, falling under sub-heading No. 3920.69 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People’s Republic of Korea and Indonesia, and when exported by exporters specified in column (3) of the said Table II, and imported into India, an anti-dumping duty at the rate specified in column (5) of the said Table II.
Table II
| S. No. | Country | Name of the Exporter | Grade of Films | Amount of duty
(US $ per Kilogramme) |
|---|
| (1) | (2) | (3) | (4) | (5) |
|---|
| 1 | Indonesia | (1) M/s PT Kolon | Packaging polyester films | 0.356 |
| Polyester films (excluding packaging or sun/dust controlled) | 0.477 |
| (2) Other Exporters | Packaging polyester films | 0.710 |
| Polyester films (excluding packaging or sun/dust controlled) | 0.477 |
| 2 | People’s Republic of Korea | (1) M/s Kolon Industries Inc. | Packaging polyester films | 0.358 |
| Polyester films (excluding packaging or sun/dust controlled) | NIL |
| (3) All other exporters (other than M/s Toray Saehan Inc. or Saehan Industries) | Packaging polyester films | 0.982 |
| Polyester films (excluding packaging or sun/dust controlled) | 0.614 |
Provided that no anti-dumping duty shall be imposed on Polyester film of 9 micron and above, of the grades specified in column (4) of the said Table II, falling under sub-heading No. 3920.69 of the First Schedule to the said Customs Tariff Act, exported by M/s Toray Saehan Inc. or M/s Saehan Industries, People’s Republic of Korea, if the landed value, per kilogramme of such Polyester film is equal to or higher than the price undertaking submitted by the said M/s Toray Saehan Inc. or M/s Saehan Industries;
Provided further that anti-dumping duty at the rates specified in the Table III annexed hereto shall be imposed on Polyester film of 9 micron and above, of the grades specified in column (4) of the said Table II, falling under subheading No. 3920.69 of the First Schedule to the said Customs Tariff Act, exported by M/s Toray Saehan Inc. or M/s Saehan Industries, People’s Republic of Korea, and the assessment shall be provisional, if the landed value of such polyester film is lower than the price undertaking submitted by the M/s Toray Saehan Inc. or M/s Saehan Industries,-
Table III
| S. No. | Grade of Polyester films | Amount of duty
(in US $ per kilogramme) |
|---|
| 1 | Packaging polyester films | 0.281 |
| 2 | Polyester films (excluding packaging or sun/dust controlled) | 0.252 |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 15th November, 2000, and shall be paid in Indian currency.
3. Nothing contained in this notification shall apply to import of Polyester films, of width upto 30 mm and having landed value higher than US $ 6.50 per kilogramme, for capacitor applications, originating in, or exported from, the People’s Republic of Korea and Indonesia, if the importer follows the procedure set out in the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996.
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 of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers under 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.
Anti-dumping duty on High Styrene Butadiene Copolymer originating in or exported from Poland and the European Union :
[Notfn. No. 6/02-Cus., dt. 15.1.2002]
Whereas in the matter of import of all forms and grades of High Styrene Butadiene Copolymer, also called High Styrene Resin/Rubber (HSR), which includes SBR 1900 series referring to High Styrene Resin Latex Master batch and HSBR, which refers to High Styrene re-inforcement Polymer (hereinafter referred to as subject goods), falling under sub-heading 3903.90 or sub-heading 4002.19 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Poland and the European Union, and imported into India, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th March, 2001, had come to the conclusion that -
(a) the subject goods in all forms originating in, or exported from, the subject countries have been exported to India below their normal value;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused to the domestic industry by dumping of the subject goods originating in, or exported from, the subject countries;
and had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods, originating in or exported from Poland and the European Union;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 39/2001-Customs, dated the 9th April, 2001, [G.S.R. 252 (E), dated the 9th April, 2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9th April, 2001;
AND WHEREAS the designated authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th December, 2001, has come to the conclusion that -
(a) the subject goods in all forms, originating in, or exported from, the subject countries have been exported to India below its normal value;
(b) the domestic industry has suffered material injury by way of depressed Net Sales Realization (NSR) on account of price suppression caused by low landed prices of the dumped subject goods from the subject countries leading to financial losses;
(c) the injury has been caused to the domestic industry by dumping of the subject goods, originating in, or exported from, the subject countries;
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 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 final findings of the designated authority, hereby imposes on the subject goods, specified in column (4) of the Table annexed hereto and falling under sub-heading 3903.90 or sub-heading 4002.19 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country or territory specified in column (2) of the said Table, when exported by exporter mentioned against the corresponding country or territory in column (3) of the said Table, and imported into India, an anti-dumping duty at the rate mentioned in the corresponding entries in column (5) of the said Table.
Table
| S. No. | Name of the Country/ Territory | Name of the Exporter/ Producer | Subject goods | Amount of duty
(US$/Metric Tonne) |
|---|
| (1) | (2) | (3) | (4) | (5) |
|---|
| 1. | Poland | (a) M/s Firma Chemiczna Dwory SA | All grades including KER 1904, 1909, 9000 of High Styrene Resin/Rubber (HSR) covering SBR 1900 series referencing to High Styrene Resin Latex Master Batch/High Styrene re-inforcement Polymer, excluding Polystyrene, Thermoplastic elastomer, Acrylonitrile-Butadiene Styrene copolymers and Styrene acrylonitrile copolymers and SBR 1500 and 1700 Series. | 248.14 |
| (b) All other exporters/producers | All grades including KER 1904, 1909, 9000 of High Styrene Resin/Rubber (HSR) covering SBR 1900 series referencing to High Styrene Resin Latex Master Batch/High Styrene re-inforcement Polymer excluding Polystyrene, Thermoplastic elastomer, Acrylonitrile-Butadiene Styrene copolymers and Styrene acrylonitrile copolymers and SBR 1500 and 1700 Series. | 421.05 |
| 2. | Territory of European Union | (a) M/s Bayer International SA, Switzerland and M/s. Bayer International, France. | All grades including Krylene HS 260 of High Styrene Resin/Rubber (HSR) covering SBR 1900 series referencing to High Styrene Resin Latex Master Batch / High Styrene re-inforcement Polymer excluding Polystyrene, Thermoplastic elastomer, Acrylonitrile-Butadiene Styrene copolymers and Styrene acrylonitrile copolymers and SBR 1500 and 1700 Series. | 359.70 |
| (b) All other exporters/ producers | All grades including Krylene HS 260 of High Styrene Resin/Rubber (HSR) covering SBR 1900 series referencing to High Styrene Resin Latex Master Batch / High Styrene re-inforcement Polymer excluding Polystyrene, Thermoplastic elastomer, Acrylonitrile-Butadiene Styrene copolymers and Styrene acrylonitrile copolymers and SBR 1500 and 1700 Series. | 430.08 |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of the imposition of the provisional duty, i.e. the 9th April, 2001, 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 under sub-clause(i) of clause (a) of sub-section (3) of 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.
Anti-dumping duty on Flexible Slabstock Polyol, originating in, or exported from the U.S.A., Japan, European Union and Singapore:
[Notfn. No. 120/02-Cus., dt. 31.10.2002]
WHEREAS in the matter of import of Flexible Slabstock Polyol of molecular weight 3000 to 4000, falling under sub-heading 3907.20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the United States of America, Japan, European Union and Singapore, the designated authority vide its preliminary findings notification No.41/1/2001-DGAD, dated the 14th December, 2001, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th December, 2001, had come to the conclusion that -
(a) Flexible Slabstock Polyol of molecular weight 3000 to 4000 had been exported to India from the United States of America, Japan, the European Union and Singapore below its normal value;
(b) the Indian industry had suffered material injury;
(c) the injury had been caused by the dumped imports from the United States of America, Japan, European Union and Singapore;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the said Flexible Slabstock Polyol vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 17/2002–Customs, dated the 11th January, 2002, [G.S.R. 95(E), dated the 11th January, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 11th January, 2002;
AND WHEREAS the designated authority, vide its final findings notification No.41/1/2001-DGAD, dated 19th September, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th September, 2002 has come to the conclusion that -
(a) Flexible Slabstock Polyol of molecular weight 3000 to 4000 has been exported to India from the United States of America, Japan, European Union and Singapore below its normal value;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused by the dumped imports from the United States of America, Japan, European Union and Singapore;
and has recommended the imposition of definitive anti-dumping duty on all imports of the said Flexible Slabstock Polyol of molecular weight 3000 to 4000 from the United States of America, Japan, European Union and Singapore;
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 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 final findings of the designated authority, hereby imposes on all imports of Flexible Slabstock Polyol of molecular weight 3000 to 4000, falling under sub-heading 3907.20 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country or territory specified in column (2) of the Table below, when exported by the exporter or manufacturer specified in the corresponding entry in column (3) of the said Table and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (4) of the said Table and the landed value, in US $ per metric tonne, of such imported Flexible Slabstock Polyol of molecular weight 3000 to 4000.
Table
| S. No. | Name of the Country/Territory | Name of the Exporter/Manufacturer | Amount
(US $ per metric tonne) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1. | United States of America | M/S Dow Chemicals | 1597.49 |
| 2. | United States of America | Other than that specified against S.No.1 | 1597.49 |
| 3. | Japan | All exporters | 1597.49 |
| 4. | European Union | M/S Repsol, Spain | 1512.81 |
| 5. | European Union | Other than that specified against S.No.4 | 1549.65 |
| 6. | Singapore | M/S Shell Eastern Petroleum Pte.Ltd. | 1432.65 |
| 7. | Singapore | Other than that specified against S.No.6 | 1552.45 |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 11th January, 2002, and 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; and
(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 of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), 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.
Anti-dumping duty on Poly-Iso-Butylene originating in or exported from Brazil, Japan, People"s Republic of Korea, and Singapore:
[Notfn. No. 123/02-Cus., dt. 31.10.2002]
WHEREAS in the matter of import of Poly-Iso-Butylene falling under sub-heading 3902.20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union, Brazil, Japan, People’s Republic of Korea, Singapore and Thailand, the designated authority in its preliminary findings vide notification No.47/1/2001-DGAD, dated the 12th December, 2001, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12th December, 2001, had come to the conclusion that -
(a) Poly-Iso-Butylene originating in, or exported from, European Union, Brazil, Japan, People’s Republic of Korea, Singapore and Thailand , had been exported to India below normal value, resulting in dumping;
(b) the Indian industry had suffered material injury only from exports of Poly-Iso-Butylene from Brazil, Japan, People’s Republic of Korea and Singapore;
(c) injury had been caused cumulatively by the imports from Brazil, Japan, People’s Republic of Korea and Singapore;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Poly-Iso-Butylene vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 7/2002–Customs, dated the 16th January, 2002, [G.S.R. 32(E), dated the 16th January, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 16th January, 2002;
AND WHEREAS the designated authority, vide its final findings notification No.47/1/2001-DGAD, dated the 5th September, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9th September, 2002 has come to the conclusion that -
(a) Poly-Iso-Butylene originating in, or exported from, European Union, Brazil, Japan, People’s Republic of Korea, Singapore and Thailand, have been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury on account of price under-cutting, price suppression and significant increase in the volume of dumped imports of Poly-Iso-Butylene from Brazil, Japan, People’s Republic of Korea and Singapore;
(c) the injury has been caused cumulatively by the dumped imports from Brazil, Japan, People’s Republic of Korea and Singapore;
and has recommended the imposition of definitive anti-dumping duty on all imports of the said Poly-Iso-Butylene originating in, or exported from, Brazil, Japan, People’s Republic of Korea and Singapore;
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 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 final findings of the designated authority, hereby imposes on all imports of Poly-Iso-Butylene, falling under sub-heading 3902.20 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country specified in column (2) of the Table below, when exported by the exporter or producer specified in the corresponding entry in column (3) of the said Table, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (4) of the said Table and the landed value, in US $ per metric Tonne, of such imported Poly-Iso-Butylene.
Table
| S. No. | Name of the country | Name of the exporter/producer | Amount
(US$ per Metric Tonne) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1. | People’s Republic of Korea | M/S Daelim Corporation Ltd. | 1037.77 |
| 2. | People’s Republic of Korea | Other than that specified against S.No.1 | 1037.77 |
| 3. | Brazil | All exporters/producers | 1037.77 |
| 4. | Japan | All exporters/producers | 1037.77 |
| 5. | Singapore | All exporters/producers | 1037.77 |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 16th January, 2002, and 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; and
(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 of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), 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.
Anti-dumping duty on Styrene Butadiene Rubber Originating in or exported from Korea R.P., Japan & U.S.A.
[Notification No. 100/ 04-Cus., dt. 28.9.2004]
Whereas the designated authority vide its notification No. 15/5/2003-DGAD, dated the 30th July, 2003, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 30th July, 2003, had initiated a sunset review in the matter of continuation of anti-dumping duty on imports of Styrene Butadiene Rubber (SBR) 1900 series falling under heading 3903 or 4002 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) [hereinafter referred to as the subject goods], originating in, or exported from, Japan, Korea R.P. and United States of America (hereinafter referred to as the subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.73/2000-Customs, dated the 22nd May, 2000 [ GSR 477 (E) dated the 22nd May, 2000], and had requested vide its D.O. No 15/5/2003- DGAD, dated the 29th April, 2004 for continuation of antidumping duty for an additional period of six months, pending the completion of the review.
And whereas the Central Government has extended the anti-dumping duty on the subject goods originating in, or exported from the subject countries vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.73/2004-Customs, dated the 26th July, 2004, [G.S.R. 476 (E), dated the 26th July, 2004,] for an additional period of six months up to and inclusive of the 25th day of October, 2004,
And whereas in the matter of sunset review of anti-dumping duty on import of the subject goods originating in, or exported from the subject countries, the designated authority vide its findings, No. 15/5/2003-DGAD, dated the 27th July, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th July, 2004 has come to the conclusion that –
(i) subject goods, originating in or exported from subject countries has been exported to India below normal value, resulting in dumping;
(ii) the domestic industry is suffering material injury;
(iii) dumping of subject goods is continuing from the subject countries; and
(iv) the material injury to the domestic industry may continue and intensify if anti-dumping duty is removed,
and recommended the continuation of the anti-dumping duty in force on the import of subject goods originating in or exported from the subject countries;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act 1975 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, the Central Government hereby imposes on the subject goods originating in, or exported from, the countries mentioned in column (2) of the Table below, and imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (4) of the said Table.
TABLE
| Sl. No | Country | Name of exporter/ producer | Amount (USD/kg) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1. | Korea R P | All exporters/producers | 0.0689 |
| 2. | Japan | All exporters/producers | 0.1045 |
| 3. | USA | All exporters/producers | 0.197 |
Explanation.- For the purpose of this notification, the anti-dumping duty shall be calculated in Indian currency and the 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 powers under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for 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.
Anti-dumping duty on Sun and/or Dust Control Polyster Film Originating in or exported from Chinese Taipei and UAE.
[Notfn. No. 101/04-Cus, dt. 29.9.2004]
Whereas, in the matter of import of Sun and/or Dust Control Polyester Film (hereinafter referred to as the subject goods), which is also known in the commercial parlance by various names such as Sun Control Films, Sun Films, Solar Films, Solar Control Films, Solar Window Films, Window Films, Heat Solar Films, etc ., falling under sub-heading 3920 69 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, United Arab Emirates (UAE) and Chinese Taipei (hereinafter referred to as the subject countries), the designated authority vide its preliminary findings notification No.14/53/2002-DGAD, dated the 25th July, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th July, 2003, had come to the conclusion that -
(a) the subject goods, originating in, or exported from, the subject countries have been exported to India below the normal value, resulting in dumping;
(b) the domestic industry has suffered material injury from exports of the subject goods from the subject countries; and
(c) the injury has been caused cumulatively by the imports from the subject countries;
and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of the subject goods, originating in, or exported from, the subject countries;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.133/2003-Customs, dated the 26th August, 2003, [G.S.R. 684(E), dated the 26th August, 2003], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th August, 2003;
And whereas, the designated authority, vide its final findings notification No.14/53/2002-DGAD, dated the 30th July, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th July, 2004, has come to the conclusion that –
(a) the subject goods, originating in, or exported from, the subject countries have been exported to India, below its normal value;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused to the domestic industry both by volume and price effect of dumped imports of the subject goods, originating in, or exported from, the subject countries;
and has also recommended the imposition of definitive anti-dumping duty on all imports of the subject goods, originating in, or exported from, the subject countries;
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 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 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 sub-heading 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 column (4) of the said Table, 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
| Sl. No. | Sub- Hea- ding | Des- crip- tion of goods | Specifi- cation | Country of origin | Country of export | Producer | Exporter | Amo- unt | Unit of mea- sure- ment | Curr- ency |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 3920 69 | Sun and/or Dust Control Polyester Film | Any Specifi- cation | Chinese Taipei | Any country | Any producer | Any exporter | 7.99 | Kilogram | US Dollar |
| 2. | 3920 69 | Sun and/or Dust Control Polyester Film | Any Specifi- cation | Any Country except UAE | Chinese Taipei | Any producer | Any exporter | 7.99 | Kilogram | US Dollar |
| 3. | 3920 69 | Sun and/or Dust Control Polyester Film | Any Specifi- cation | UAE | Any country | Any producer | Any exporter | 8.17 | Kilogram | US Dollar |
| 4. | 3920 69 | Sun and/or Dust Control Polyester Film | Any Specifi- cation | Any Country except Chinese Taipei | UAE | Any producer | Any exporter | 8.17 | Kilogram | US Dollar |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 26th August, 2003, and 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 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 sub-clause (i) of clause (a) of subsection (3) of 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.
Anti-dumping duty on Poly Vinyl Chloride Paste Resin originating in or exported from European Union.
[Notifn. No.104/04-Cus. dt.7.10.2004]
Whereas, the designated authority had initiated anti dumping investigations into the existence, degree and effect of dumping in the matter of import of Poly Vinyl Chloride Paste Resin (hereinafter referred to as the subject goods), falling under tariff item 3904 21 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from Saudi Arabia, Republic of Korea and the European Union , vide notification No.14/14/2003-DGAD, dated the 22nd August, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22nd August, 2003;
whereas , the designated authority, vide its final findings notification No.14/14/2003-DGAD, dated the 20th August, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th August, 2004, has come to the conclusion that -
(a) the subject goods have been exported to India from the European Union and Saudi Arabia below its normal value;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused by the dumped imports from European Union;
(d) the dumping margin in the case of imports from Republic of Korea and injury margin in the case of imports from Saudi Arabia, is negative;
and has recommended the imposition of definitive anti-dumping duty on all imports of the subject goods, originating in, or exported from the European Union;
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 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 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 column (4) of the said Table, 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
| Sl. No. | Tariff Item | Des- crip- tion of goods | Specifi- cation | Country of origin | Country of export | Producer | Exporter | Amo- unt | Unit of mea- sure- ment | Curr- ency |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 3904 21 10 | Poly Vinyl Chloride Paste Resin | Any specifica- tion | European Union | Any | Any | Any | 950.94 | Metric Tonne | US Dollar |
| 2. | 3904 21 10 | Poly Vinyl Chloride Paste Resin | Any specifica- tion | Any | European Union | Any | Any | 950.94 | Metric Tonne | US Dollar |
2. The anti-dumping duty imposed under this notification 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 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 sub-clause (i) of clause (a) of sub-section (3) of 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.
Anti dumping duty on Polytetrafluoroethylene originating in or exported from Russia.
[Notification No.110/ 04-Customs, dt. 18.11.2004]
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
| Sl. No. | Tariff Item | Des- cription of goods | Specifi- cation | Country of origin | Country of export | Producer | Exporter | Amo- unt | Unit of mea- sure- ment | Curr- ency |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 3904 61 00 | Polytetra- fluor- oethy- lene (PTFE) | All grades | Russia | Any country | Any producer | Any exporter | 12.66 | Kilogram | US$ |
| 2. | 3904 61 00 | Polytetra- fluor- oethy- lene (PTFE) | All grades | Any country | Russia | Any producer | Any exporter | 12.66 | Kilogram | US$ |
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.
Anti-dumping duty on Biaxally Oriented Poly Propylene film Originating in or exported from Tiwan, Hong Kong, Indonesia, Oman, Singapore and Thailand.
[Notification No.113/ 04-Customs, dt. 25.11.2004]
Whereas, in the matter of import of Biaxally Oriented Poly Propylene film, commonly known as BOPP film (hereinafter referred to as BOPP film), falling under heading 3920 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Taiwan, Hong Kong, Indonesia, Oman, Singapore and Thailand (hereinafter referred to as the subject countries), the designated authority vide its preliminary findings notification No.21/1/2001-DGAD, dated the 14th August, 2001, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th August, 2001, had come to the conclusion that –
(a) BOPP film, originating in, or exported from, the subject countries had been exported to India below normal value resulting in dumping;
(b) the domestic industry had suffered material injury;
(c) the injury had been caused cumulatively by the imports from the subject countries;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on BOPP film vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 104/2001–Customs, dated the 9th October, 2001, [G.S.R. 766(E), dated the 9th October, 2001], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9th October, 2001;
And whereas, the designated authority, vide its final findings notification No.21/1/2001-DGAD, dated the 26th June, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th June, 2002 had come to the conclusion that –
(a) BOPP film, originating in, or exported from, the subject countries, had been exported to India below its normal value, thereby resulting in dumping;
(b) the domestic industry had suffered material injury;
(c) the injury had been caused to the domestic industry by the dumping of BOPP film, originating in, or exported from, the subject countries;
And whereas, on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed definitive anti-dumping duty on BOPP film vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.77/2002-Customs, dated the 8th August, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 8th August, 2002;
And whereas, the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as the Tribunal), in its final order No.7-9/04-AD, dated the 1st April, 2004 in Appeal Nos.C/COD/301/02-AD, C/632/02-AD, C/694/02-AD and C/692/02-AD, in the matter of M/s Association of BOPP Manufacturers and Others Vs. Secretary Revenue, Ministry of Finance, the Designated Authority, has given the direction in para 13 of the said order that, “… the rates of anti-dumping duty under Notification No. 77/2002-Customs, dated August 8, 2002 are modified as indicated in the table below:-
| S. No. | Name of the Country | Exporter | Rate of Anti-dumping duty
(US $ per kilogram) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1. | Taiwan | All exporters | 0.70 |
| 2. | Hong Kong | All exporters | 0.63 |
| 3. | Indonesia | All exporters | 0.52 |
| 4. | Oman | All exporters | 0.47 |
| 5. | Singapore | All exporters | 0.60 |
| 6. | Thailand | All exporters | 0.79"; |
And whereas, the designated authority has accepted the aforesaid order of the Tribunal;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A, read with sub-section (6) of section 3 of the said Customs Tariff Act and rules 18 and 20 of Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.77/2002- Customs, dated the 8th August, 2002 [G.S.R. 553(E), dated the 8th August, 2002], except as respects things done or omitted to be done before such supersession, the Central Government hereby imposes on BOPP film, falling under heading 3920 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the subject countries specified in column (2) of the Table given below, and imported into India, when exported by the exporters specified in the corresponding entry in column (3) of the said Table, an anti-dumping duty at the rate specified in the corresponding entry in Column (4) of the said Table.
TABLE
| S. No. | Name of the Country | Exporter | Rate of Anti-dumping duty
(US $ per kilogram) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1. | Taiwan | All exporters | 0.70 |
| 2. | Hong Kong | All exporters | 0.63 |
| 3. | Indonesia | All exporters | 0.52 |
| 4. | Oman | All exporters | 0.47 |
| 5. | Singapore | All exporters | 0.60 |
| 6. | Thailand | All exporters | 0.79 |
2. This notification shall be effective for a period of five years (unless revoked, superseded or amended earlier), from the date of imposition of the provisional anti-dumping duty, i.e. the 9th October, 2001, and the antidumping duty shall be paid in Indian currency.
Explanation.- For the purposes of this notification, the “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 under 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.
Anti-dumping duty on Flexible Slabstock Polyol, originating in or exported from People"s Republic of China, Republic of Korea, Chinese Taipei and Brazil;
[Notfn. No. 04/05-Cus., dt. 24.1.2005]
Whereas, in the matter of import of Flexible Slabstock Polyol , falling under sub-heading 3907 20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, Republic of Korea, Taiwan(hereinafter mentioned as Chinese Taipei) and Brazil (the said four countries are hereinafter referred to as the subject countries), the designated authority vide its preliminary findings in notification No 14/4/2003-DGAD, dated the 11th December, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the11th December, 2003, had come to the conclusion that -
(a) Flexible Slabstock Polyol , originating in, or exported from the subject countries, has been exported to India below its normal value;
(b) the domestic industry has suffered material injury;
(c) the material injury has been caused cumulatively to the domestic industry by dumping of Flexible Slabstock Polyol , originating in, or exported from the subject countries;
and had recommended the imposition of provisional anti dumping duty, pending final determination, on import of such Flexible Slabstock Polyol , originating in, or exported from the subject countries;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the Flexible Slabstock Polyol,vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.21/2004-Customs, dated the 20th January , 2004, [G.S.R. 54(E), dated the 20th January , 2004], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 20th January , 2004;
And whereas, the designated authority, vide its final findings notification No.14/4/2003-DGAD, dated the 11th November, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th November, 2004, has come to the conclusion that –
(a) Flexible Slabstock Polyol of Molecular weight 3000 to 4000 has been exported to India from the subject countries below its normal value;
(b) the domestic industry has suffered material injury;
(c) the material injury has been caused cumulatively by the dumped imports from subject countries;
and has also recommended the imposition of definitive anti-dumping duty on all imports of Flexible Slabstock Polyol, originating in, or exported from, the subject countries;
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 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 goods, the description of which is specified in column (3) of the Table below, falling under sub-heading 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 column (4) of the said Table, 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
| Sl. No. | Sub- hea- ding | Des- crip- tion of goods | Spe- cifi- cation | Country of origin | Country of Export | Prod- ucer | Expo- rter | Amo- unt | Unit of Mea- sure- ment | Curr- ency |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 3907 20 | Flexible Slabstock Polyol | Molecular Weight 3000 to 4000 | P.R.China | Any Country | Any Producer | Any Exporter | 1472.77 | Metric Tonne | US Dollar |
| 2. | 3907 20 | Flexible Slabstock Polyol | Molecular Weight 3000 to 4000 | Any Country | P.R.China | Any Producer | Any Exporter | 1472.77 | Metric Tonne | US Dollar |
| 3. | 3907 20 | Flexible Slabstock Polyol | Molecular Weight 3000 to 4000 | Republic of Korea | Any Country | Any Producer | Any Exporter | 1472.77 | Metric Tonne | US Dollar |
| 4. | 3907 20 | Flexible Slabstock Polyol | Molecular Weight 3000 to 4000 | Any Country | Republic of Korea | Any Producer | Any Exporter | 1472.77 | Metric Tonne | US Dollar |
| 5. | 3907 20 | Flexible Slabstock Polyol | Molecular Weight 3000 to 4000 | Chinese Taipei | Any Country | Any Producer | Any Exporter | 1472.77 | Metric Tonne | US Dollar |
| 6. | 3907 20 | Flexible Slabstock Polyol | Molecular Weight 3000 to 4000 | Any Country | Chinese Taipei | Any Producer | Any Exporter | 1472.77 | Metric Tonne | US Dollar |
| 7. | 3907 20 | Flexible Slabstock Polyol | Molecular Weight 3000 to 4000 | Brazil | Any Country | Any Producer | Any Exporter | 1472.77 | Metric Tonne | US Dollar |
| 8. | 3907 20 | Flexible Slabstock Polyol | Molecular Weight 3000 to 4000 | Any Country | Brazil | Any Producer | Any Exporter | 1472.77 | Metric Tonne | US Dollar |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 20th January, 2004, and shall be payable 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 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 sub-clause ( i ) of clause (a) of sub-section (3) of 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.
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