[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.42/2016-Customs (ADD)
New Delhi, the 8
th
August, 2016
G.S.R. (E). – Whereas, the designated authority, vide notification
No.15/13/2015-DGAD, dated the 27
th
July, 2015, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 28
th
July, 2015 had initiated a review in the matter
of continuation of anti-dumping duty on imports of PVC Flex Films (hereinafter referred to
as the subject goods) falling under Chapter 39 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 People’s Republic of China (hereinafter referred to as the subject country)
imposed vide notification of the Government of India, in the Ministry of Finance
(Department of Revenue) 82/2011-Customs, dated the 25
th
August, 2011, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number
G.S.R.643(E), dated the 25
th
August, 2011;
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in, or exported from, the aforesaid countries, upto and inclusive of
the 29
th
day of July, 2016, vide notification of the Government of India, in the Ministry of
Finance (Department of Revenue) No.43/2015- Customs(ADD), dated the 18
th
August, 2015,
published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R.641(E), dated the 18
th
August, 2015;
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.15/13/2015-DGAD, dated the 30th June, 2016,
in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-
i. the subject goods from the subject country continue to enter the Indian market at
dumped prices;
ii. dumping margin and injury margin are positive and significant;
iii. imposition of anti-dumping duty has prevented dumping causing injury to the
domestic industry;
iv. price undercutting is likely to be significantly positive in the event of cessation of
anti-dumping duty;
v. in the event of withdrawal of the anti-dumping duties, there is likelihood of dumping
and injury to the domestic industry;
and has recommended continued imposition of the 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 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
S.
No
Heading Description
of goods
Country of
origin
Country
of export
Producer Exporter Amount Unit of
measurem
ent
Curren
cy
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
1. 3918,
3919,
3920,
3921 or
3926
PVC Flex
Films
People’s
Republic of
China
People’s
Republic
of China
Heytex
Technical
Textiles
(Zhangjiag
ang)
Co. Ltd.
Heytex
Technical
Textiles
(Zhangjia
gang)
Co. Ltd.
0.034 kilogram US
Dollar
2. 3918,
3919,
3920,
3921 or
3926
PVC Flex
Films
People’s
Republic of
China
People’s
Republic
of China
Any combination other
than at S. No. 1
0.538 kilogram US
Dollar
3. 3918,
3919,
3920,
3921 or
3926
PVC Flex
Films
People’s
Republic of
China
Any other
than
People’s
Republic
of China
Any Any 0.538 kilogram US
Dollar
4. 3918,
3919,
3920,
3921 or
3926
PVC Flex
Films
Any other
than People’s
Republic of
China
People’s
Republic
of China
Any Any 0.538 kilogram US
Dollar
Note : The following products are excluded from the scope of the subject goods:
(i) PVC Rigid Films;
(ii) Cotton or Canvas Tarpaulins;
(iii) PVC Film;
(iv) Self-Adhesive Vinyl;
(v) One Way Vision Film or Perforated Window Film;
(vi) Coloured Vinyl; and
(vii) Mesh Banner or Fabric
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.354/108/2010-TRU (Pt.-II)]
(Anurag Sehgal)
Under Secretary to the Government of India
