24th January, 2005
Notification No. 4/2005-Customs
Whereas, in the matter of import of Flexible Slabstock Polyol, falling under Sub- heading 3907 20 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People's Republic of China, Republic of Korea,
Taiwan (hereinafter mentioned as Chinese Taipei) and Brazil (the said four countries are hereinafter referred to as the subject
countries), the designated authority vide its preliminary findings notification No.14/4/2003-DGAD, dated the 11
th
December,
2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11
th
December, 2003, had come to the
conclusion that -
(a)
Flexible Slabstock Polyol, originating in, or exported from the subject countries, has been exported to India below its normal
value;
(b)the domestic industry has suffered material injury;
(c)
the material injury has been caused cumulatively to the domestic industry by dumping of Flexible Slabstock Polyol ,
originating in, or exported from the subject countries;
and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Flexible
Slabstock Polyol, originating in, or exported from, the subject countries;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-
dumping duty on Flexible Slabstock Polyol vide notification of the Government of India in the Ministry of Finance (Department of
Revenue), No.21/2004-Customs, dated the 20
th
January, 2004, [G.S.R. 54(E), dated the 20
th
January, 2004], published in
Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 20
th
January, 2004;
And whereas, the designated authority, vide its final findings notification No.14/4/2003-DGAD, dated the 11
th
November,
2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16
th
November, 2004, has come to the
conclusion that -
(a)
Flexible Slabstock Polyol of Molecular weight 3000 to 4000 has been exported to India from the subject countries below the
normal value;
(b)the domestic industry has suffered material injury;
(c)the material injury has been caused cumulatively by the dumped imports from subject countries;
and has also recommended the imposition of definitive anti-dumping duty on all imports of Flexible Slabstock Polyol,
originating in, or exported from, the subject countries
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 20 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 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) of the said Table, originating in the countries as
specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in
column (7), when exported from the countries as specified in the corresponding entry in column (6), 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 equivalent to
the difference between, 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, and the landed value of such imported goods in like currency per like unit of measurement.
Table
Sl.
No
Sub-
heading
Description
of goods
Specification
Country of
origin
Country of
Export
ProducerExporterAmount
Unit of
Measurement
Currency
(1)(2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
1.3907 20
Flexible
Slabstock
Polyol
Molecular Weight
3000 to 4000
People's
Republic of
China
Any
Country
Any
Producer
Any
Exporter
1472.77Metric Tonne
US
Dollar
2.3907 20
Flexible
Slabstock
Polyol
Molecular Weight
3000 to 4000
Any
Country
People's
Republic of
China
Any
Producer
Any
Exporter
1472.77Metric Tonne
US
Dollar
3.3907 20
Flexible
Slabstock
Polyol
Molecular Weight
3000 to 4000
Republic of
Korea
Any
Country
Any
Producer
Any
Exporter
1472.77Metric Tonne
US
Dollar
4.3907 20
Flexible
Slabstock
Polyol
Molecular Weight
3000 to 4000
Any
Country
Republic of
Korea
Any
Producer
Any
Exporter
1472.77Metric Tonne
US
Dollar
5.3907 20
Flexible
Slabstock
Polyol
Molecular Weight
3000 to 4000
Chinese
Taipei
Any
Country
Any
Producer
Any
Exporter
1472.77Metric Tonne
US
Dollar
6.3907 20
Flexible
Slabstock
Polyol
Molecular Weight
3000 to 4000
Any
Country
Chinese
Taipei
Any
Producer
Any
Exporter
1472.77Metric Tonne
US
Dollar
7.3907 20
Flexible
Slabstock
Polyol
Molecular Weight
3000 to 4000
Brazil
Any
Country
Any
Producer
Any
Exporter
1472.77Metric Tonne
US
Dollar
8.3907 20
Flexible
Slabstock
Polyol
Molecular Weight
3000 to 4000
Any
Country
Brazil
Any
Producer
Any
Exporter
1472.77Metric Tonne
US
Dollar
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the
provisional anti-dumping duty, i.e. the 20
th
January, 2004, and 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 Customs Tariff 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 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 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.354/148/2003-TRU
V.Sivasubramanian
Deputy Secretary to the Government of India
