[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. 42/2010-Customs
New Delhi, dated the 5th April, 2010
G.S.R. (E). - Whereas, in the matter of import of Polytetrafluoroethylene(PTFE) (hereinafter referred to as the subject goods),
falling under sub-heading 3904 61 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, People's Republic of China (hereinafter referred to as the subject country), the designated authority in its final
findings, vide, notification No. 14/25/2003 -DGAD, dated the 25
th
July, 2005, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 25
th
July, 2005, had come to the conclusion that, -
(i) the subject goods had been exported to India from the subject country below its normal value;
(ii) the domestic Industry had suffered material injury;
(iii) the injury had been caused by the dumped imports from subject country or territories;
and had recommended imposition of final anti-dumping duty on the imports of subject goods, originating in or exported from
the subject country;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed final
anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of
Revenue), No.91/2005-Customs, dated the 17
th
October, 2005, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R 635(E), dated the 17
th
October, 2005;
And whereas, the designated authority, in its final findings in mid-term review, vide, notification No. 15/33/2008-DGAD, dated
the 26
th
February, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 26
th
February, 2010, had
come to the conclusion that,-
(i) the subject goods were entering the Indian market at dumped prices and dumping margins of the subject goods
imported from the subject country was significant and above de-minimis limits prescribed;
(ii) the subject goods continued to be exported to India at dumped prices inspite of existing anti dumping duties;
(iii) considering the facts available on record, the subject goods were likely to enter Indian market at dumped prices, should
the present measures be withdrawn;
(iv) the domestic industry continued to suffer injury in spite of existing anti dumping duties. Further, should the present anti
dumping duties be revoked, injury to the domestic industry was likely to continue and intensify;
(v) the deterioration in the performance of the domestic industry was because of dumped imports from the
subject country;
and had recommended continued imposition of definitive anti-dumping duty on imports of 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 said 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 and in supersession of the notification of the Government of India in the Ministry of
Finance (Department of Revenue), No. 91/2005-Customs, dated the 17
th
October, 2005, published in the Gazette of India,
Extraordinary ,Part II, Section 3, Sub-section (i) vide, number G.S.R 635 (E ) , dated the 17
th
October, 2005,except as
respects things done or omitted to be done before such supersession, the Central Government, on the basis of aforesaid
finding and recomendation 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 Customs Tariff Act as
specified in the corresponding entry in column (2), the specification of which is specified in column (4), originating in the country
as specified in the corresponding entry in column (5),and exported from the countries as specified in the corresponding entry in
column (6), and produced by the producers as specified in the corresponding entry in column (7), and exported 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
equal to 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.
TABLE
Sl. No.Sub-headingDescription
Specifi
cation
Country
of Origin
Country of
Export
Producer Exporter AmountUnitCurrency
(1)(2) (3) (4) (5) (6) (7) (8) (9)(10)(11)
1.3904 61 00
Polytetra fluoro-
ethylene
(PTFE)
Any
People's Republic of
China
People's
Republic
of China
DuPont (Changshu)
Fluoro
Technology Co.
Ltd
DuPont (Changshu) Fluoro
Technology Co. Ltd
3.01KilogramUS Dollar
2.3904 61 00
Polytetra fluoro-
ethylene
(PTFE)
Any
People's Republic of
China
People's
Republic
of China
DuPont (Changshu)
Fluoro
Technology Co.
Ltd
Any other than DuPont
(Changshu) Fluoro
Technology Co. Ltd
3.38KilogramUS Dollar
3.3904 61 00
Polytetra fluoro-
ethylene
(PTFE)
Any
People's Republic of
China
Any Any Except aboveAny 3.38KilogramUS Dollar
43904 61 00
Polytetra fluoro-
ethylene
(PTFE)
Any
Any except Russia and
People's
Republic of China
People's
Republic
of China
Any Any 3.38KilogramUS Dollar
2. This notification shall remain in force upto and inclusive of the 16
th
October, 2010, unless the notification is revoked earlier
and the anti-dumping duty imposed under this notification shall be paid in Indian currency.
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 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 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.354/150/2005 -TRU]
(Prashant Kumar)
Under Secretary to the Government of India.
