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THE CUSTOMS TARIFF ACT 1975 (Notification)
2014

Notification No. 26/2014-Customs (ADD), F.No.354/201/2013-TRU, Dated, 13th June, 2014

Whereas in the matter of 'homopolymer of vinyl chloride monomer (suspension grade)' (hereinafter referred to as the subject goods), falling under heading 3904 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 the European Union and Mexico (hereinafter referred to as the subject countries), and imported into India, the designated authority in its final findings published in the Gazette of India, Extraordinary, Part I, Section 1,vide notification number 14/1012/2012-DGAD, dated the 4th April, 2014, had come to the conclusion that –

(a) the subject goods have been exported to India from the subject countries below its associated normal values;

(b) the domestic industry has suffered material injury on account of imports of subject goods from subject countries;

(c) the material injury has been caused by the dumped imports of subject goods from the subject countries,

and has recommended imposition of definitive anti-dumping duty on the subject goods, originating in or exported from the subject countries and imported into India, in order to remove injury to the domestic industry.

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 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, 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), exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding

entry in column (8) in the currency as specified in the corresponding entry in column (10) and as per unit of measurement as specified in the corresponding entry in column (9) of the said Table,namely:-

Table

Sl. No Heading Description of goods Country of origin Country of export Producer Exporter Amount Unit Currency
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

1.

3904

Homopolymer of vinyl chloride monomer (suspension grade) European Union European Union M/s INEOS Vinyls Desutschland GmbH, Germany M/s INEOS Vinyls Sales GmbH, Germany

39.65

MT US Dollar

2.

3904

Homopolymer of vinyl chloride monomer (suspension grade) European Union European Union M/s INEOS Sverige AB, Sweden M/s INEOS Sverige AB, Sweden

39.65

MT US Dollar

3.

3904

Homopolymer of vinyl chloride monomer (suspension grade) European Union European Union M/s INEOS ChlorVinyls Belgium NV M/s INEOS ChlorVinyls Belgium NV

39.65

MT US Dollar

4.

3904

Homopolymer of vinyl chloride monomer (suspension grade) European Union European Union M/s INEOS ChlorVinyls Ltd, UK M/s INEOS ChlorVinyls Ltd, UK

39.65

MT US Dollar

5.

3904

Homopolymer of vinyl chloride monomer (suspension grade) European Union European Union Any other combination except Sl. No. 1 to 4

189.99

MT US Dollar

6.

3904

Homopolymer of vinyl chloride monomer (suspension grade) European Union Any country other than European Union Any Any

189.99

MT US Dollar

7.

3904

Homopolymer of vinyl chloride monomer (suspension grade) Any country other than Mexico and European Union European Union Any Any

189.99

MT US Dollar

8.

3904

Homopolymer of vinyl chloride monomer (suspension grade) Mexico Mexico Mexichem Resinas Vinílicas, S.A. de C.V. Mexichem Resinas Vinílicas, S.A. de C.V.

88.10

MT US Dollar

9.

3904

Homopolymer of vinyl chloride monomer (suspension grade) Mexico Mexico Any other combination except Sl. No. 8

163.05

MT US Dollar

10.

3904

Homopolymer of vinyl chloride monomer (suspension grade) Mexico Any country other than Mexico Any Any

163.05

MT US Dollar

11.

3904

Homopolymer of vinyl chloride monomer (suspension grade) Any country other than Mexico Mexico Any Any

163.05

MT US Dollar

Note: The product under consideration is homopolymer of vinyl chloride monomer (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.

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 publication of this notification in the Official Gazette and shall be paid in Indian currency.

Explanation.- For the purposes of this notification, 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.

(Akshay Joshi)

Under Secretary to the Government of India