Whereas, the designated authority, vide notification No. 21/29/2011- DGAD dated 5th October, 2012, published in Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of homopolymer of vinyl chloride monomer (suspension grade) (hereinafter referred to as subject goods) falling under heading 3904 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 Taiwan, the People's Republic of China, Indonesia, Japan, Korea RP, Malaysia, Thailand and the 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. 11/2008-Customs, dated the 23rd January, 2008, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number G.S.R. 52 (E), dated the 23rd January, 2008.
And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject countries upto and inclusive of the 22nd January, 2014 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 52/2012-Customs (ADD), dated the 6th December, 2012, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number G.S.R 881 (E), dated the 6th December, 2012.
And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject countries, the designated authority in its final findings, published vide notification No. 21/29/2011-DGAD, dated 4th April, 2014, in Part I, Section 1 of the Gazette of India, Extraordinary, has come to the conclusion that-
(i) the product under consideration continues to be imported at the dumped prices from the subject countries except Korea RP;
(ii) the domestic industry continues to suffer material injury on account of dumped imports;
(iii) the material injury to the domestic industry on account of dumping of subject goods is likely to continue if the anti dumping duties from subject countries except Korea RP are revoked,
and has recommended continued imposition of the anti-dumping duty on the subject goods, originating in or exported from subject countries except Korea RP.
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 the heading 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), exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (8) in the currency as specified in the corresponding entry in column (10) and as per unit of measurement as specified in the corresponding entry in column (9), of the said Table, namely:-
Table
Note: The product under consideration is homopolymer of vinyl chloride monomer (suspension grade) where various polymer chains are not linked to each other, which however, excludes the specialty poly vinyl chloride suspension resins such as cross-linked poly vinyl chloride, chlorinated poly vinyl chloride (CPVC), vinyl chloride vinyl acetate copolymer (VC-VAc), poly vinyl chloride paste resin and poly vinyl chloride blending resin.
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.
(Akshay Joshi)
Under Secretary to the Government of India