Another
Five Years of Anti-dumping Duty on Polypropylene from Singapore on Final
Findings – See Ntfn 07-ADD/08.03.2016 for Details
Ntfn 119 Whereas in the matter of imports of
19.11.2010 Polypropylene
excluding ter-polymer
(DoR) [hereinafter
referred to as the subject
goods],
falling under sub heading 3902 1000 or 3902 3000 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Oman,
Saudi Arabia and Singapore (hereinafter referred as the subject countries) and
imported into India, the designated authority in its preliminary findings vide
notification No.14/5/2009-DGAD, dated the 15th June, 2009, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 15th June, 2009,
had come to the conclusion that –
(a) the subject goods had
been exported to India from the subject countries at prices less than their
normal values in the domestic market of the exporting countries;
(b) the dumping margins of
the subject goods imported from the subject countries were substantial and
above de minimis; and
(c) the domestic industry
had suffered material injury and the injury had been caused to the domestic
industry mainly by price effect of dumped imports of the subject goods
originating in or exported from the subject countries;
and had
recommended imposition of provisional anti-dumping duty on the imports of
subject goods, originating in, or exported from, the subject countries;
And whereas, on the basis of the aforesaid
findings of the designated authority, the Central Government had imposed
provisional anti-dumping duty on the subject goods vide notification No.
82/2009-Customs, dated the 30th July, 2009, published in the Gazette of India,
Extraordinary Part II, Section 3, Sub-section (i), vide number G.S.R. 557(E),
dated the 30th July, 2009;
And Whereas, the designated
authority, in its final findings vide notification No. 14/5/2009-DGAD dated the 23rd August, 2010, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 23rd
August, 2010, had come to
the conclusion that-
(a) the subject goods had been exported to India
from the subject countries below their associated normal values;
(b) the domestic industry had suffered material
injury in respect of the subject goods; and
(c) the material injury had been caused by the
dumped imports of the subject goods from the subject countries.
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, 1975 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, on the basis of the aforesaid 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 as specified in the corresponding entry in column
(2),originating in the country specified in the corresponding entry in column
(4), and exported from the country specified in the corresponding entry in
column (5) and produced by the producer specified in the corresponding entry in
column (6) and exported by the exporter specified in the corresponding entry in
column (7), and imported into India, an anti-dumping duty at the rate equal to
the amount indicated in the corresponding entry in column (8), in the currency
as specified in the corresponding entry in column (10) and per unit of measurement
as specified in the corresponding entry in column (9) of the said Table.
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Table |
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Sl. No |
Sub Heading |
Description of goods |
Country of Origin |
Country of Exports |
Producer |
Exporter |
Amount |
Unit of measure-ment |
Currency |
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(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
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1 |
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2 |
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3 |
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4 |
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14 |
3902 1000 or 39023000 |
-do- |
Singapore |
Singapore |
The Polyolefin Company (Singapore) Pte. Ltd. |
Sumitomo Corporation Asia Pte. Ltd. |
121.28 |
Metric tonne |
US dollar |
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15 |
3902 1000 or 39023000 |
-do- |
Singapore |
Singapore |
The Polyolefin Company (Singapore) Pte. Ltd. |
Toyota Tsusho (Singapore) Pte. Ltd. |
295.09 |
Metric tonne |
US dollar |
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16 |
3902 1000 or 39023000 |
-do- |
Singapore |
Singapore |
The Polyolefin Company (Singapore) Pte. Ltd. |
Marubeni Chemical Asia Pacific Pte. Ltd. |
Nil |
Metric tonne |
US dollar |
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17 |
3902 1000 or 39023000 |
-do- |
Singapore |
Singapore |
The Polyolefin Company (Singapore) Pte. Ltd. |
Itochu Plastics Pte. Ltd. |
Nil |
Metric tonne |
US dollar |
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18 |
3902 1000 or 39023000 |
-do- |
Singapore |
Singapore |
The Polyolefin Company (Singapore) Pte. Ltd. |
Sumitomo Chemical Asia Pte. Ltd. |
28.49 |
Metric tonne |
US dollar |
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19 |
3902 1000 or 39023000 |
-do- |
Singapore |
Singapore |
Exxon Mobil Chemical Asia Pacific |
Exxon Mobil Chemical Asia Pacific |
38.77 |
Metric tonne |
US dollar |
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20. |
3902 1000 or 39023000 |
-do- |
Singapore |
Singapore |
Exxon Mobil Chemical Asia Pacific, Singapore |
Mitsubishi Chemical Thailand (Co.) Ltd. |
Nil |
Metric tonne |
US dollar |
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21 |
3902 1000 or 39023000 |
-do- |
Singapore |
Singapore |
Any combination other than as specified at Serial numbers
14 to 20. |
323.50 |
Metric tonne |
US dollar |
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22 |
3902 1000 or 39023000 |
-do- |
Singapore |
Any other than Singapore |
Any |
Any |
323.50 |
Metric tonne |
US dollar |
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23 |
3902 1000 or 39023000 |
-do- |
Any country other than countries attracting Anti-dumping
duty |
Singapore |
Any |
Any |
323.50 |
Metric tonne |
US dollar |
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[SNos.
5 to 13 omitted by 130/30.12.2011; SNos. 1 to 4 omitted by 32-ADD/02.12.2013] |
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2. The
anti-dumping duty imposed shall be levied for a period of five years (unless
revoked, superseded or amended earlier) from the date of imposition of the
provisional anti-dumping duty, that is, 30th July, 2009 and shall be payable in
Indian currency.
3. Notwithstanding
anything contained in paragraph 2, this notification shall remain in force up
to and inclusive of the 29th day of July, 2015, unless
revoked earlier. [Inserted by Ntfn 38-Cus(ADD)/13.08.2014]
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.
[F.No.354/140/2009 –TRU