[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.66 /2011-Customs
New Delhi, 26
th
July, 2011
G.S.R. (E). - Whereas in the matter of imports of Poly Vinyl Chloride Paste 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) (hereinafter
referred as the said Customs Tariff Act), originating in, or exported from, People's Republic of China, Japan, Republic of
Korea, Malaysia, Russia, Taiwan and Thailand (hereinafter referred as the subject countries) and imported into India, the
designated authority in its preliminary findings vide notification No.14/36/2009-DGAD, dated the 11
th
June, 2010, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 11
th
June, 2010, had come to the conclusion that-
(a) the subject goods had been exported to India from the subject countries below associated normal values, thus resulting in
dumping of the subject goods;
(b) the domestic industry had suffered material injury in respect of the subject goods;
(c) the material injury to the domestic industry had been caused by the dumped imports of the subject goods from the subject
countries;
and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, 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
provisional anti-dumping duty on the subject goods vide notification No. 77/2010-Customs, dated 26
th
July, 2010, published in
the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.633(E), dated the 26
th
July, 2010;
And whereas, the designated authority, in its final findings vide notification No. 14/36/2009-DGAD, dated 2
nd
May, 2011,
published in the Gazette of India, Extraordinary, Part I, section 1, dated the 2
nd
May,2011, had come to the conclusion that,-
(a) the product under consideration had been exported to India from the subject countries ( except Japan), below their
associated normal values, except in the cases wherein the dumping margin has been found to be negative.
(b) the domestic industry had suffered material injury in respect of the product under consideration.
(c ) the material injury to the domestic industry had been caused by the dumped imports of the subject goods from the subject
countries(except Japan).
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, read with 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
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 sub-heading of the First Schedule to the said 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), and
exported from the countries as specified in the corresponding entry in column (5), and produced by the producers as specified
in the corresponding entry in column (6), and exported by the exporters as specified in the corresponding entry in column (7),
and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the reference price as
specified in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and
per unit of measurement as specified in the corresponding entry in column (9), 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
Country of
origin
Country of
exports
Producer Exporter
Reference
price
UnitCurrency
(1)(2) (3) (4) (5) (6) (7) (8)(9)(10)
1
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
China PR China PR Any Any 1707MTUS Dollar
2
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
China PR
Any country
other than
subject
countries
Any Any 1707 MTUS Dollar
3
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Any country
other than
subject
countries
China PR Any Any 1707 MTUS Dollar
4
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Malaysia Malaysia
M/s Kaneka
Paste Polymers
Sdn., Japan
M/s Mitsui & Co
(Asia Pacific) Pte.
Ltd., Malaysia
1471MTUS Dollar
5
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Malaysia
Any country
other than
subject
countries
Any other than Sl.No.4 1471MTUS Dollar
6
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Any country
other than
subject
countries
Malaysia Any Any 1471MTUS Dollar
7
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Korea RP Korea RP
M/s Hanwha
Chemical
Corporation
M/s Hanwha
Chemical
Corporation
NIL MTUS Dollar
8
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Korea RP Korea RP
M/s LG Chem
Ltd.
M/s LG Chem Ltd.NIL
9
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Korea RP
Any country
other than
subject
countries
Any other than Sl.No.7 and 8 1706 MTUS Dollar
10
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Any country
other than
subject
countries
Korea RP Any Any
1706
MTUS Dollar
11
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Taiwan Taiwan
M/s Formosa
Plastics
Corporation
M/s Formosa
Plastics
Corporation
NIL
MTUS Dollar
12
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Taiwan
Any country
other than
subject
countries
Any other than Sl.No.11
1701
MTUS Dollar
13
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Any country
other than
subject
countries
Taiwan Any Any
1701
MTUS Dollar
14
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Russia Russia Any Any
1701
MTUS Dollar
15
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Russia
Any country
other than
subject
countries
Any Any
1691
MTUS Dollar
16
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Any country
other than
subject
countries
Russia Any Any 1691MTUS Dollar
17
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Thailand Thailand Any Any
1551
MTUS Dollar
18
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Thailand
Any country
other than
subject
countries
Any Any
1551
MTUS Dollar
19
39042190,
3904 22
10
Poly Vinyl
Chloride
Paste Resin
Any country
other than
subject
countries
Thailand Any Any
1551
MTUS Dollar
Explanation.- For the purposes of this notification, "Poly Vinyl Chloride Paste Resin" shall not include "Blending resin", "Co-
polymers of PVC paste resin", "Battery separator resin" and "PVC paste resin of K value below 60".
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 imposition of provisional duty, that is, the 26
th
July, 2010 and shall be
payable in Indian currency.
Explanation . - For the purpose of this notification,-
(a) "Landed value" of imports shall be the assessable value as determined under the Customs Act, 1962 and includes all
duties of customs except duties levied under Sections 3, 3A, 8B, 8C, 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 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.354/107/2010 -TRU (Pt-1)]
(Sanjeev Kumar Singh)
Under Secretary to the Government of India.