[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. 15/2013-Customs (ADD)
New Delhi, the 3
rd
July, 2013
G.S.R. (E).- Whereas, in the matter of levy of anti-dumping duty on Poly Vinyl Chloride Paste Resin also called as PVC
Emulsion Resin (hereinafter referred to as the subject goods), falling under sub-heading 3904 22 10 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975) (herein after referred to as the said Customs Tariff Act), originating in, or exported
from European Union (hereinafter referred to as the subject country), after conducting Sunset Review, the Designated Authority
vide its final findings in notification No.15/27/2008-DGAD, dated the 26
th
April, 2010 published in Part I, Section 1 of the
Gazette of India, Extraordinary, dated the 26th April, 2010, had recommended the continued imposition of definitive anti-
dumping duty on all imports of the 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 anti-
dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of
Revenue), No.70/2010-Customs, dated the 25
th
June, 2010, published in Part II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary, dated the 25
th
June, 2010 vide number G.S.R. No. 553(E), dated the 25
th
June, 2010;
And whereas, the Customs, Excise and Service Tax Appellate Tribunal ( CESTAT ) vide its order dated 6
th
July, 2012 set
aside the final findings of the Designated Authority issued vide notification No.15/27/2008-DGAD,dated 26
th
April 2010,
published in Part I, Section 1 of the Gazette of India, Extraordinary, dated, the 26th April, 2010 and the Ministry of Finance
(Department of Revenue) notification No. 70/2010-Customs, dated 25
th
June, 2010, published in Part II, Section 3, Sub-
section (i) of the Gazette of India, Extraordinary, dated the 25
th
June, 2010 vide number G.S.R. No. 553(E), dated the 25
th
June, 2010 and remanded the matter back to the Designated Authority for fresh decision;
And whereas, the designated authority vide notification No. 15/27/2008-DGAD, dated the 4
th
April, 2013, published in Part I,
Section 1 of the Gazette of India, Extraordinary, dated, the 4
th
April, 2013, after conducting Sunset Review has come to the
conclusion that-
(i) the subject goods are entering the Indian market at dumped prices and dumping margin of the subject goods imported
from subject territory is significant and above the de-minimis limits prescribed. The subject goods continued to be exported to
India at dumped prices inspite of existing anti-dumping duties;
(ii) the situation of domestic industry has deteriorated further in spite of the existing anti dumping duties. Further, should the
present anti dumping duties be revoked, injury to the domestic industry is likely to continue and intensify;
(iii) the deterioration in the performance of the domestic industry is because of dumped imports from the subject territory;
(iv) the current level of anti dumping duty is insufficient to address the continued dumping and consequent injury to the domestic
industry and thus the anti-dumping duty is required to be extended and modified;
and has recommended the continued imposition of definitive anti-dumping duty on all imports of the subject goods, originating
in, or exported from the subject country;
Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said
Customs Tariff Act, and 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, on the basis of the aforesaid final
findings of the Designated Authority, hereby imposes on the goods, the description of which is specified in column (3) of the
Table below, falling under heading of the First Schedule to the said Customs Tariff Act specified in the corresponding entry in
column (2), originating in the country specified in the corresponding entry in column (4) , and produced by the producers
specified in the corresponding entry in column (6), when exported from the country specified in the corresponding entry in
column (5), by the exporters specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at
a rate which is equal to the amount specified in the corresponding entry in column (8), in the currency specified in the
corresponding entry in column (10) and per unit of measurement specified in the corresponding entry in column (9) of the said
Table;
Table
Sl.
No.
HeadingDescription of goods
Country of
origin
Country of
exports
ProducerExporter
Duty
amount
UnitCurrency
(1)(2) (3) (4) (5) (6) (7) (8) (9)(10)
13904
Poly Vinyl Chloride Paste
Resin
European Union Any Any Any265.19
Per
MT
US Dollar
23904
Poly Vinyl Chloride Paste
Resin
Any European UnionAny Any265.19
Per
MT
US Dollar
Explanation.- For the purposes of this notification, "Poly Vinyl Chloride Paste Resin" shall not include " PVC Suspension
Resin'," PVC Blending Resin", "Co-polymers of PVC Paste Resin", "Battery Separator Resin" and "PVC Paste Resin with K-
value below 60".
2. This notification shall be valid upto and inclusive of 24
th
June, 2015.
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.354/88/2004-TRU (Pt.I)]
(Akshay Joshi)
Under Secretary to the Government of India
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