[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. 15/2008-Customs
New Delhi, the 5
th
February, 2008
G.S.R. (E). - Whereas, the designated authority, vide notification No. 15/25/2006-DGAD, dated the 27
th
December, 2006,
published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 28
th
December, 2006, had initiated review, in the
matter of continuation of anti-dumping on imports of flexible slabstock polyol or FSP (hereinafter referred to as the subject
goods) falling under sub-heading 3907 20 of the First Schedule to the Customs Tariff Act 1975, (51 of 1975) (hereinafter
referred to as the said Act), originating in, or exported from, the United States of America, Japan, the European Union and
Singapore, imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.
120/2002-Customs, dated the 31
st
October, 2002, published in Part II, Section 3, sub-section (i) of the Gazette of India,
Extraordinary, dated the 31
st
October, 2002, vide number G.S.R.744 (E), dated the 31
st
October, 2002;
And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported
from, the United States of America, Japan, the European Union and Singapore upto and inclusive of the 10
th
February, 2008
vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 12/2007 -Customs dated
the 6
th
February, 2007, vide number G.S.R. 64(E), dated the 6
th
February, 2007, published in Part II, Section 3, sub-section
(i) of the Gazette of India, Extraordinary, dated the 6
th
February, 2007;
And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the United
States of America, Japan, the European Union and Singapore, the designated authority vide its final findings No. 15/25/2006-
DGAD dated the 26
th
December, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 26
th
December, 2007, has come to the conclusion that-
(a) the subject goods have entered from the United States of America at less than its normal value and the dumping
margin of the subject goods imported are significant, while current dumping margins of subject goods imported from the
European Union and Singapore are negligible;
(b) there is a likelihood of dumping to continue from the United States of America and of intensification or recurrence
of dumping from Singapore and Japan if the duties are revoked; there is less likelihood of intensification of imports from the
European Union if duties are withdrawn;
(c) the domestic industry suffers insignificant material injury at present due to the dumped imports, but there is a
likelihood of recurrence of injury if duties are withdrawn;
(d) therefore, continued imposition of anti dumping duty is warranted against the subject goods originating in, or
exported from, the United States of America, to offset dumping and against Singapore and Japan to prevent recurrence of
dumping;
and has recommended continued imposition of anti-dumping duty against the subject goods originating in, or exported from,
the United States of America, to offset dumping and against Singapore and Japan to prevent recurrence of dumping in order
to remove the likelihood of injury to the domestic industry;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of Section 9A of the said 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 sub-heading of the First Schedule to the said 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 country as specified in the corresponding entry in column
(5), and exported from the country as specified in the corresponding entry in column (6), and produced by the producer as
specified in the corresponding entry in column (7), and exported by the exporter as specified in the corresponding entry in
column (8), and imported into India, an anti-dumping duty which shall be equal to the difference between the amount mentioned
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 imported goods
in like currency as per like unit of measurement.
Table
Sl.
No
Sub-
heading
Description
of goods
Specification
Country of origin
Country of
export
Producer Exporter
Reference
price
Unit of
measurement
Currency
(1)(2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
1
3907
20
Flexible
slabstock
polyol
Molecular
weight 3000-
4000
United States of
America
Any Any Any2420.36 MT USD
2
3907
20
Flexible
slabstock
polyol
Molecular
weight 3000-
4000
Any country
except Japan and
Singapore
United
States of
America
Any Any2420.36 MT USD
3
3907
20
Flexible
slabstock
polyol
Molecular
weight 3000-
4000
Japan Any Any Any2391.98 MT USD
4
3907
20
Flexible
slabstock
polyol
Molecular
weight 3000-
4000
Any country
except United
States of America
and Singapore
Japan Any Any2391.98 MT USD
5
3907
20
Flexible
slabstock
polyol
Molecular
weight 3000-
4000
Singapore Any
M/s. Shell
Eastern
Petroleum
M/s. Shell
Eastern
Petroleum
1921.15 MT USD
6
3907
20
Flexible
slabstock
polyol
Molecular
weight 3000-
4000
Singapore Any
M/s. Shell
Eastern
Petroleum
M/s. BASF
South East
Asia
1942.29 MT USD
7
3907
20
Flexible
slabstock
polyol
Molecular
weight 3000-
4000
Singapore Any
Any Other
combination of
producer and
exporter
2023.10MT USD
8
3907
20
Flexible
slabstock
polyol
Molecular
weight 3000-
4000
Any country
except
Singapore, United
States of America
and Japan
Singapore Any Any2023.10 MT USD
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 Gazette of India 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 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 section 14 of the said Customs
Act, 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.354/221/2001-TRU (Pt.I)]
(G. G. Pai)
Under Secretary to the Government of India
