Notification no 32/2019 Customs (Anti-Dumping Duty) date on 10th August, 2019 

 

Seeks to impose anti-dumping duty on imports of "Homopolymer of vinyl chloride monomer (suspension grade)" originating in or exported from China PR and USA for 30 months with effect from 13th August, 2019, in pursuance of SSR investigation by DGTR.   

 The extract of CUSTOMS (ADD) Notification No. 32/2019- CUSTOMS is given below: 

    Notification No. 32/2019-CUSTOMS (anti-dumping duty)

 

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. 32/2019-Customs (ADD) 

New Delhi, the 10^th August, 2019

 

G.S.R…. (E). - Whereas, the designated authority, vide notification No.7/34/2018 DGTR , dated the 29^th October, 2018 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29^th October, 2018, had initiated the review in terms of sub-section (5) of section 9 A of the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the Customs Tariff Act), and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on imports of ‘Homopolymer of Vinyl Chloride Monomer (suspension grade)’ (hereinafter referred to as the subject goods) falling under the heading 3904 of the First Schedule to the Customs Tariff Act, originating in, or exported from originating in or exported from China PR, Thailand and United States of America (hereinafter referred to as the subject Countries), imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 27/2014-Customs (ADD), dated the 13^th June, 2014;

 

And whereas, the Central Government had extended the period of imposition of anti-dumping duty on the subject goods, originating in or exported from the subject Countries upto and inclusive of the 12^th day of August, 2019 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 23/2019-Customs (ADD), dated the 11^th June, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 416 (E), dated the11^th June, 2019; 

And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in or exported from the subject Countries, the Designated Authority in its final findings, published vide notification No. F. No.7/34/2018-DGTR, dated the 18^th July, 2019 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18^th July, 2019 has come to the conclusion that: -

 

(i)      the product under consideration has been exported into India from the subject countries during period of investigation at dumped prices; 

 

(ii)    the Domestic Industry has not suffered material injury during the period of investigation in terms of either price or volume effect with anti-dumping duty measure being in force. There exists likelihood of injury due to imports from USA and China on cessation of AD duty and the likelihood of injury of imports from Thailand is quite low and insignificant;

 

(iii)  the likelihood analysis indicates that in event of cessation of Anti-dumping duty, the exports by USA and China to countries other than India are likely to get diverted to India and the landed value of significant volume of such diverted exports would cause injury to the domestic industry when compared with the Net Import Price during post period of investigation.

 

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), imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (7) in the currency as specified in the corresponding entry in column (9) and as per unit of measurement as specified in the corresponding entry in column (8) of the said Table, namely:-

 

DUTY TABLE

 

S.	Heading	Description	Country	Country	Producer		Amount	Unit	Currency
No.			of	of Export
			Origin
(1)	(2)	(3)	(4)	(5)	(6)		(7)	(8)	(9)
1.	3904	Homopolymer	People’s	People’s	i.	M/s Tianjin LG	61.14	MT	US Dollar
		of	Republic	Republic of		Bohai Chemical
		vinyl chloride	of China	China		Co., Ltd.
		monomer			ii.	M/s Tianneng
		(suspension				Chemical Co.,

		grade)				Ltd
					iii.	M/s Tianjin
						Dagu Chemical
						Co., Ltd
					iv.	M/s Xinjiang
						Shengxiong
						Chlor-Alkali
						Co., Ltd
					v.	M/s Chiping
						Xinfa PVC Co.,
						Ltd.
					vi.  M/s CNSG
						Jilantai Salt
						Chlori - Alkali
						Chemical Co.,
						Ltd.
					vii.  M/s Yibin
						Haifeng Herui
						Co., Ltd.
2.	3904	Homopolymer	People’s	People’s	Any other producer		147.96	MT	US Dollar
		of	Republic	Republic of	except
		vinyl chloride	of China	China	i to vii mentioned
		monomer			above in column no.
		(suspension			(6)
		grade)
3.	3904	Homopolymer	People’s	Any country	Any		147.96	MT	US Dollar
		of	Republic	other than
		vinyl chloride	of China	People’s
		monomer		Republic of
		(suspension		China
		grade)
4.	3904	Homopolymer	United	United States	M/s Westlake Vinyls		29.99	MT	US Dollar
		of	States of	of America	Company LP or M/s
		vinyl chloride	America		Westlake Vinyls,
		monomer			Inc., or M/s Axial,
		(suspension			LLC
		grade)
5.	3904	Homopolymer	United	United States of	M/s Oxy Vinyls, LP		49.10	MT	US Dollar
		of	States of	America
		vinyl chloride	America
		monomer
		(suspension
		grade)
6.	3904	Homopolymer	United	United States	Any other producer		115.54	MT	US Dollar
		of	States of	of America	except M/s Westlake
		vinyl chloride	America		Vinyls Company LP,
		monomer			M/s Westlake
					Vinyls, Inc., M/s
		(suspension
					Axial, LLC, M/s Oxy
		grade)
					Vinyls, LP
7.	3904	Homopolymer	United	Any country	Any		115.54	MT	US Dollar
		of	States of	other than
		vinyl chloride	America	United States
		monomer		of America
		(suspension
		grade)

 

Note: The product under consideration is Homopolymer of vinyl chloride monomer (PVC) (suspension grade) where various polymer chains are not linked to each other, which however, excludes the specialty poly vinyl chloride suspension resins such as cross-linked poly vinyl chloride, chlorinated poly vinyl chloride (CPVC), vinyl chloride – vinyl acetate copolymer (VC-Vac), poly vinyl chloride paste resin and poly vinyl chloride blending resin.