[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.41/2016-Customs (ADD)
New Delhi, the 8
th
August, 2016
G.S.R. (E).- Whereas, in the matter of import of PVC Flex Film (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), the designated authority vide its final findings in notification No.14/4/2010-
DGAD, dated the 29
th
July, 2011, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 29
th
July, 2011, had recommended imposition of anti-dumping duty on
all imports of the subject goods originating in or exported from the subject country in order to
remove the injury to the domestic industry;
And whereas, on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed an anti-dumping duty on the subject goods vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue),
No.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, subsequently amended vide 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, M/s Haining Tianfu Warp Knitting Co. Ltd, People's Republic of China (
Producer) and M/s Manna, Korea RP (Exporter) had requested for review in terms of rule 22
of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on
Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the
said rules), in respect of exports of the subject goods made by them, and the designated
authority vide new shipper review notification No.15/23/2011-DGAD, dated 12
th
April, 2012,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12
th
April, 2012,
had recommended provisional assessment of all exports of the subject goods by M/s Haining
Tianfu Warp Knitting Co. Ltd, People's Republic of China (Producer) and M/s Manna, Korea
RP (Exporter) when imported into India, till the completion of the review by it;
And whereas, in exercise of the powers conferred by sub-rule (2) of rule 22 of the said
rules, the Central Government, after considering the aforesaid recommendation of the
designated authority vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No.24/2012-Customs (ADD), dated the 14
th
May, 2012, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R.359(E), dated the 14
th
May, 2012 had ordered that pending the outcome of the said
review by the designated authority, the subject goods, when exported by M/s Haining Tianfu
Warp Knitting Co. Ltd, People's Republic of China (Producer) and M/s Manna, Korea RP
(Exporter) and imported into India, shall be subjected to provisional assessment till the
review is completed;
And whereas, the designated authority in the matter of new shipper review initiated
vide notification No.15/23/2011-DGAD, dated 12
th
April, 2012, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 12
th
April, 2012 vide its final findings in
notification No.15/23/2011-DGAD, dated 29
th
June, 2016, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 29
th
June, 2016 has concluded that no individual
dumping margin is justified in respect of exports of the subject goods to India by M/s
Haining Tianfu Warp Knitting Co. Ltd, People's Republic of China (Producer) and M/s
Manna, Korea RP (Exporter) and has accordingly recommended that the exports of the
subject goods by M/s Haining Tianfu Warp Knitting Co. Ltd, People's Republic of China (
Producer) and M/s Manna, Korea RP (Exporter), during the period from the date of initiation
of the present new shipper review investigation recommending provisional assessment, may
be subjected to levy of anti-dumping duty as imposed earlier on the imports of the subject
goods, originating in or exported from People's Republic of China vide Notification
No.82/2011-Customs, dated the 25
th
August, 2011, subsequently amended vide 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, at the rate of USD 0.538 per kg;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A
of the Customs Tariff Act, read with rules 18, 20, 22 and 23 of the said rules, and in
supersession of the notification of the Government of India in the Ministry of Finance
(Department of Revenue), No.24/2012-Customs (ADD), dated the 14
th
May, 2012, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R.359(E), dated the 14
th
May, 2012, the Central Government, except as respects things
done or omitted to be done before such supersession, hereby orders that all imports of the
subject goods produced by M/s Haining Tianfu Warp Knitting Co. Ltd, People's Republic of
China (Producer) and exported by M/s Manna, Korea RP (Exporter) to India, which have
been subjected to provisional assessment pursuant to the notification of the Government of
India in the Ministry of Finance (Department of Revenue), No.24/2012-Customs (ADD),
dated the 14
th
May, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R. 359(E), dated the 14
th
May, 2012 shall be subjected to
final assessment on the payment of anti-dumping duty as imposed vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.82/2011-
Customs, dated the 25
th
August, 2011 subsequently amended vide 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, at the rate
of USD 0.538 per kg.
[F. No. 354/108/2010 –TRU (Pt. -II)]
(Anurag Sehgal)
Under Secretary to the Government of India
