THE CUSTOMS TARIFF ACT 1975 (Notification)
2016

Body Notification No. 23/2016-Customs (ADD), F. No. 354/106/2004-TRU (Pt.-I), Dated, 06th June, 2016

Whereas, the Designated Authority, vide notification No. 15/2/2015-DGAD dated the 13th April, 2015, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of Polytetrafluoroethylene or PTFE (hereinafter referred to as the subject goods) falling under tariff item 3904 61 00 of Chapter 39 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 Russia (hereinafter referred to as the subject country), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 57/2010-Customs, dated the 3rd May, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 373(E), dated the 3rd May, 2010;

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 country upto and inclusive of the 2nd May, 2016 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 17/2015-Customs (ADD), dated the 1st May, 2015, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number G.S.R 350(E), dated the 1st May, 2015; And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject country, the Designated Authority in its final findings, published vide notification No. 15/2/2015-DGAD, dated the 12th April, 2016, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that ,

(i) there is continued dumping of the subject goods from the subject country, causing injury to the domestic industry;

(ii) the dumped imports from the subject country continue to cause injury to the domestic industry; and

(iii) dumping of the subject goods from the subject country is likely to continue / intensify should the antidumping duty be revoked, and has recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from subject country 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 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, specification of which is specified in column (4), falling under tariff item of the First Schedule to the Customs Tariff Act, specified in the corresponding entry in column (2), originating in the countries specified in the corresponding entry in column (5), exported from the countries specified in the corresponding entry in column (6), produced by the producers specified in the corresponding entry in column (7), exported by the exporters specified in the corresponding entry in column (8) and imported into India, an anti-dumping duty at the rate equal to the amount specified in the corresponding entry in column (9), in the currency specified in the corresponding entry in column (11) and as per unit of measurement specified in the corresponding entry in column (10) of the said Table, namely.-

Table

Sl. No.	Tariff Item	Description of goods	Specifi cation	Country of origin	Country of export	Producer	Exporter	Amount	Unit	Curre ncy
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	3904 61 00	Polytetrafluoroe thylene (PTFE)	Any	Russia	Russia	Any	Any	874.56	MT	US Dollar
2.	3904 61 00	Polytetrafluoroe thylene (PTFE)	Any	Russia	Any other than Russia	Any	Any	874.56	MT	US Dollar
3.	3904 61 00	Polytetrafluoroe thylene (PTFE)	Any	Any other than Russia or People's Republic of China	Russia	Any	Any	874.56	MT	US Dollar

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.

3. Notwithstanding anything contained in paragraph 2, the anti-dumping duty shall remain in force up to and inclusive of the 30th November, 2021, unless revoked, superseded or amended earlier.

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.

(Anurag Sehgal)

Under Secretary to the Government of India