[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 40/2020-Customs (ADD)
New Delhi, the 27
th
November, 2020
G.S.R. ---(E). - Whereas, the designated authority, vide notification No. 7/3/2020-DGTR,
dated the 7
th
February, 2020, published in the Gazette of India, Extraordinary, Part I, Section
1, had initiated a review in the matter of continuation of anti-dumping duty on imports of
‘Fluoroelastomers (FKM)’ (hereinafter referred to as the subject goods) falling under tariff
items 3904 50 90, 3904 69 10, 3904 69 90 and 3904 90 90 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act),
originating in or exported from China PR (hereinafter referred to as the subject country),
imposed vide notification of the Government of India, in the Ministry of Finance (Department
of Revenue) No. 6/2019-Customs (ADD), dated the 28
th
January, 2019, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 52(E),
dated the 28
th
January, 2019;
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in or exported from the subject country up to and inclusive of the
27
th
October, 2020 vide notification of the Government of India, in the Ministry of Finance
(Department of Revenue) No. 19/2020-Customs (ADD), dated the 21
st
July, 2020, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R
459(E), dated the 21
st
July, 2020;
And whereas, the Central Government had further extended the anti-dumping duty on
the subject goods, originating in or exported from the subject country up to and inclusive of
the 27
th
November, 2020 vide notification of the Government of India, in the Ministry of
Finance (Department of Revenue) No. 33/2020-Customs (ADD), dated the 27
th
October,
2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section
(i) vide number G.S.R 672(E), dated the 27
th
October, 2020;
And whereas, in the matter of review of anti-dumping duty on import of the subject
goods, originating in or exported from the subject country, the designated authority in its final
findings, published vide notification No. 7/3/2020-DGTR, dated the 19
th
October, 2020, in
the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-
(i) there is continued dumping of the subject goods from subject country and the imports are
likely to enter the Indian market at dumped prices in the event of expiry of duty;
(ii) there is a continued injury to the domestic industry despite anti-dumping duty in
existence;
(iii)the information on record shows likelihood of continuation of dumping and injury in
case the anti-dumping duty in force is allowed to cease at this stage;
(iv) there is sufficient evidence to indicate that the cessation of anti-dumping duty at this
stage will lead to continuation of dumping and injury to the Domestic Industry,
and has recommended imposition of anti-dumping duty on the subject goods, originating in
or exported from the subject country.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of
section 9A of the Customs Tariff Act, read with rules 18 and 23 of the Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and
for Determination of Injury) Rules, 1995, the Central Government, after considering the
aforesaid final findings of the designated authority, hereby imposes on the subject goods, the
description of which is specified in column (3) of the Table below, falling under tariff items
of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in
column (2), originating in the countries as specified in the corresponding entry in column
(4), exported from the countries as specified in the corresponding entry in column (5),
produced by the producers as specified in the corresponding entry in column (6), and
imported into India, an anti-dumping duty at the rate equal to the amount as specified in the
corresponding entry in column (7), as per unit of measurement as specified in the
corresponding entry in column (8) and in the currency as specified in the corresponding entry
in column (9) of the said Table, namely:-
Table
S. No. Tariff item Description
of Goods
Country
of
Origin
Country
of
Export
Producer Duty
Amount
Unit Currency
(1) (2) (3) (4) (5) (6) (7) (8) (9)
1. 39045090,
39046910,
39046990,
39049090
Fluoro
elastomers
(FKM)
*note below
China PR Any
country
including
China
PR
M/s Chenguang
Fluoro and
Silicone
Elastomers
Co.,Ltd.
3.85 Kg US$
2. 39045090,
39046910,
39046990,
39049090
Fluoro
elastomers
(FKM)
*note below
China PR Any
country
including
China
PR
M/s Zhonghao
Chenguang
Research
Institute of
Chemical
Industry Co.,
Ltd.
1.30 Kg US$
3. 39045090,
39046910,
39046990,
39049090
Fluoro
elastomers
(FKM)
*note below
China PR Any
country
including
China
PR
M/s Daikin
Fluorochemicals
(China) Co., Ltd
Through M/s
M/s Uni
Alliance
Limited, Hong
1.04 Kg US$
Kong
4. 39045090,
39046910,
39046990,
39049090
Fluoro
elastomers
(FKM)
*note below
China PR Any
country
including
China
PR
Inner Mongolia
3F Wanhao
Fluorochemical
Co/ Ltd
6.84 Kg US$
5. 39045090,
39046910,
39046990,
39049090
Fluoro
elastomers
(FKM)
*note below
China PR Any
country
including
China
PR
Any other than
mentioned in
S.No. 1 to 4
above
8.86 Kg US$
6. 39045090,
39046910,
39046990,
39049090
Fluoro
elastomers
(FKM)
*note below
Any
country
other
than
China PR
China
PR
Any 8.86 Kg US$
* The scope of the product under consideration is Fluoroelastomers, including Copolymer
fluoroelastomers, Terpolymer fluoroelastomers, Copolymer Raw gum, Copolymer Pre-
Compound, Terpolymer Bisphenol Curable Raw Gum, Terpolymer Peroxide Curable Raw
Gum and Terpolymer Bisphenol Curable Pre-Compound:
Provided that FKM compound and Perfluoroelastomer (FFKM) are excluded from the scope
of the subject goods.
2. The anti-dumping duty imposed under this notification shall be effective for a period of
five years (unless revoked, superseded or amended earlier) from the date of publication of
this notification in the Official Gazette and shall be paid in Indian currency.
Explanation.- For the purposes of this notification, rate of exchange applicable for the
purposes of calculation of such anti-dumping duty shall be the rate which is specified in the
notification of the Government of India, in the Ministry of Finance (Department of Revenue),
issued from time to time, in exercise of the powers conferred by section 14 of the Customs
Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange
shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
[F. No. 354/10/2019-TRU]
(Gaurav Singh)
Deputy Secretary to the Government of India
