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Customs Notification No.57 /2010
May, 11th 2010

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No.57 /2010-Customs

New Delhi, 3rd May, 2010

G.S.R. (E).- Whereas, the designated authority vide notification No.15/30/2008-DGAD, dated the 27th February, 2009, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 27th February, 2009, had initiated review in the matter of continuation of final anti-dumping duty on Polytetrafluoroethylene (PTFE) (hereinafter referred to as the subject goods), falling under sub-heading 3904 61 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (herein after referred to as the said Customs Tariff Act), originating in, or exported from Russia (hereinafter referred to as the subject country), imposed vide notification of Government of India in the Ministry of Finance (Department of Revenue), No. 110/2004Customs, dated the 18th November,2004, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) dated the 18th  November, 2004, vide, number G.S.R. 752 (E), dated the 18th  November, 2004, and extended by notification No. 2/2010-Customs dated 11th January, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) dated the 11th January, 2010, vide,  number G.S.R. 26(E), dated the 11th January, 2010;

And whereas, the designated authority vide notification No. 15/30/2008-DGAD, dated the 26th February, 2010, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 26th February, 2010, after conducting Sunset Review had come to the conclusion that-

(i) the subject goods were entering the Indian market at dumped prices and dumping margins of the subject goods imported from Russia was significant and above de-minimis limits prescribed. The subject goods continued to be exported to India at dumped prices in spite of existing anti dumping duties;

(ii) considering the facts available on record, the subject goods were likely to enter Indian market at enhanced volumes and at dumped prices, should the present measures be withdrawn;

(iii) the domestic industry continued to suffer injury in spite of existing anti dumping duties. Further, should the present anti dumping duties be revoked, injury to the domestic industry was likely to continue and intensify;

(iv) the deterioration in the performance of the domestic industry was because of dumped imports. Further, revocation of anti dumping duty on imports from Russia was likely to lead to continued and intensified injury to the domestic industry;

and had recommended the continued imposition of definitive anti-dumping duty on all imports of the subject goods, originating in, or exported from the subject country;

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 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, 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 specified in the corresponding entry in column (2), the specification of which is specified in the corresponding entry in column (4),  originating in the country  specified in the corresponding entry in column (5) , and produced by the producers specified in the corresponding entry in column (7), when exported from the country specified in the corresponding entry in column (6), by the exporters specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equal to the amount specified in the corresponding entry in column (9), in the currency specified in the corresponding entry in column (11)  and  per unit of measurement specified in the corresponding entry in column (10) of the said Table;

Table

Sl. No.

Sub-heading

Description

Specifi

cation

Country

of origin

Country of export

Producer

Exporter

Amount

Unit

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1.

3904 61 00

Polytetra fluoro-ethylene (PTFE)

Any

Russia

Russia

Any

Any

3.42

Kilogram

US Dollar

2.

3904 61 00

Polytetra fluoro-ethylene (PTFE)

Any

Russia

Any

Any

Any

3.42

Kilogram

US Dollar

3

3904 61 00

Polytetra fluoro-ethylene (PTFE)

Any

Any except Russia and Peoples Republic of China

Russia

Any

Any

3.42

Kilogram

US Dollar

2. This notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) and the anti-dumping duty shall be paid in Indian currency.

Explanation. - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of 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 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.354/106/2004-TRU]

(Prashant Kumar)
Under Secretary to the Government of India

 
 
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