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Seeks to provide provisional assessment to imports of PVC Flex Film, originating in or exported from China PR by M/s M/s Haining Tianfu Wrap Knitting Co Ltd, China PR ( Producer) and M/s Manna, Korea RP (Exporter), pending the outcome of New Shipper Review
May, 15th 2012

[TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA, EXTRAORDINARY]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

DEPARTMENT OF REVENUE

***

New Delhi, dated the 14th May, 2012

 

Notification No.24 /2012-Customs (ADD)

 

            G.S.R.   (E).-  Whereas  in the matter of import of PVC Flex Film (hereinafter referred to as the subject goods), falling under Chapter 39 of the First   Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the Peoples Republic of China (hereinafter referred to as the subject country) and imported into India, the designated authority vide its final findings, in notification No. 14/04/2010-DGAD, dated 29th July, 2011, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 29th July, 2011, had come to the conclusion that-

 

 (i) the subject goods had been exported to India from the subject country at prices less than their normal values in the domestic market of the exporting country;

 

(ii) the dumping margins of the subject goods imported from the subject country were substantial and above de minimis;

 

(iii) the domestic industry had suffered material injury and the injury had been caused due to dumped imports of the subject goods originating in or exported from the subject country;

 

(iv)  the domestic industry had also been materially retarded due to the dumped imports of subject goods from the subject country;

 

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

 

            And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 82/2011-Customs, dated the 25th August, 2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), vide number G.S.R. 643 (E), dated the 25thAugust, 2011;        

           

            And whereas, M/s Haining Tianfu Wrap Knitting Co Ltd, Peoples Republic of China ( Producer) and M/s Manna, Korea RP (Exporter) has requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in respect of exports of the subject goods made by them, and the designated authority, vide new shipper review notification No. 15/23/2011-DGAD dated the 12th April, 2012 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12thApril 2012, has  recommended provisional assessment of all exports of the subject goods made by the above stated party till the completion of the review by it;

 

            Now therefore, in exercise of the powers conferred by sub-rule (2) of rule 22 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 recommendation of the designated authority, hereby orders that pending the outcome of the said review by the designated authority, the subject goods, when exported by M/s Haining Tianfu Wrap Knitting Co Ltd, Peoples Republic of China (Producer) and M/s Manna, Korea RP (Exporter) and imported into India, shall be subjected to provisional assessment till the review is completed.

 

2.         The provisional assessment may be subject to such security or guarantee as the proper officer of customs deems fit for payment of the deficiency, if any, in case a definitive anti- dumping duty is imposed retrospectively, on completion of investigation by the designated authority.

 

     3.    In case of recommendation of anti-dumping duty after completion of the said review by the designated authority, the importer shall be liable to pay the amount of such anti-dumping duty recommended on review and imposed on all imports of subject goods exported by, M/s Haining Tianfu Wrap Knitting Co Ltd, Peoples Republic of China (Producer) and M/s Manna, Korea RP (Exporter) and imported into India, from the date of initiation of the said review.

[F. No. 354/ 108/2010-TRU]

 

 

 (Raj Kumar Digvijay)

Under Secretary to the Government of India

 
 
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