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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 25/2021-Customs (ADD)
New Delhi, the 26th April, 2021
G.S.R. ---(E). - Whereas, in the matter of review
of anti-dumping duty on imports of ‘Polytetrafluoroethylene (PTFE)’ falling
under the tariff item 3904 61 00 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 China PR, the designated authority, vide its
final findings in notification No. 15/11/2016-DGAD, dated the 23rd June, 2017,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
23rd June, 2017, had recommended imposition of the anti-dumping duty on
Polytetrafluoroethylene or PTFE, originating in or exported from China PR.
And whereas, on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed anti-dumping duty on
imports of ‘Polytetrafluoroethylene (PTFE)’, originating in or exported from
China PR, vide notification of the Government of India in the Ministry of
Finance (Department of Revenue), No.36/2017-Customs (ADD), dated the 28th
July, 2017, published vide number G.S.R. 966(E) in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), dated the 28th July, 2017.
And whereas, the designated authority, vide notification No.07/22/2020-DGTR,
dated the 19th June, 2020, published in the Gazette of India, Extraordinary,
Part I, Section 1 dated the 19th June, 2020, in the matter of circumvention
of the anti-dumping duty imposed on imports of ‘Polytetrafluoroethylene
(PTFE)’ originating in or exported from China PR, had initiated an
investigation to determine the need for extending the anti-dumping duty imposed
on imports of ‘Polytetrafluoroethylene (PTFE)’, originating in or exported from
China PR, vide notification of the Government of India in the Ministry of
Finance (Department of Revenue), No. 36/2017-Customs (ADD), dated the 28th
July, 2017, published vide number G.S.R. 966(E) in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), dated the 28th July,
2017, to the imports of ‘Polytetrafluoroethylene (PTFE) Products’ (hereinafter
referred to as the ‘subject goods’) falling under the tariff headings 3904,
3907, 3910, 3916, 3917, 3918, 3919, 3920, 3921, 3922, 3923, 3924, 3925 and
3926 of the First Schedule to the Customs Tariff Act, originating in, or
exported from China PR (hereinafter referred to as the subject country) into
India.
And whereas, the designated authority in its final findings, published
vide notification No.07/22/2020-DGTR, dated the 27th January, 2021, in the
Gazette of India, Extraordinary, Part I, Section 1, has come to the
conclusion that-
(i) there has been a change in pattern of trade in case of
subject goods from the subject country;
(ii) the value addition in
converting Polytetrafluoroethylene (PTFE) to subject goods is significantly
less than that the prescribed threshold in the Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to
as the Anti-dumping Rules);
(iii) imports of subject goods from the
subject country are entering at dumped prices;
(iv) the import of subject
goods from the subject country has undermined the remedial effect of existing
anti-dumping measure on the imports of Polytetrafluoroethylene (PTFE)
originating in or exported from China PR,
and has recommended imposition of
the existing anti-dumping duty imposed on the imports of
‘Polytetrafluoroethylene (PTFE)’, originating in or exported from China PR, vide
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 36/2017-Customs (ADD), dated the 28th July, 2017, published
vide number G.S.R. 966(E) in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), dated the 28th July, 2017, on the subject goods,
originating in or exported from the subject country.
Now, therefore, in
exercise of the powers conferred by sub-sections (1), (1A) and (5) of section
9A of the Customs Tariff Act, read with rule 27 of the Anti-dumping Rules, 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 heading 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
| S.No. |
Tariff heading |
Description of goods |
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
| 1. |
3904, 3907, 3910, 3916, 3917, 3918, 3919, 3920,
3921, 3922, 3923, 3924, 3925, 3926 |
Polytetraflu orethylene (PTFE) Products * |
Any |
China PR |
China PR |
Any |
Any |
2637 |
MT |
US Dollar |
| 2. |
3904, 3907, 3910, 3916, 3917, 3918, 3919, 3920,
3921, 3922, 3923, 3924, 3925, 3926 |
Polytetraflu orethylene (PTFE) Products * |
Any |
China PR |
Any other than Russia or China PR |
Any |
Any |
2637 |
MT |
US Dollar |
| 3. |
3904, 3907, 3910, 3916, 3917, 3918, 3919, 3920,
3921, 3922, 3923, 3924, 3925, 3926 |
Polytetraflu orethylene (PTFE) Products * |
Any |
Any other than Russia or China PR |
China PR |
Any |
Any |
2637 |
MT |
US Dollar |
* includes PTFE Products or Processed PTFE
Components, including and not limited to bush, rod, sheet, tape, tube and thread
seal tape.
2. The anti-dumping duty imposed under this notification shall be
effective from the date of publication of this notification in the Official
Gazette and will be co-terminus with the anti-dumping duty on
Polytetrafluoroethylene (PTFE) as levied vide aforesaid notification No.
36/2017-Customs (ADD), dated the 28th July, 2017, published vide number G.S.R.966(E), dated the 28th July, 2017 (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 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. 354/113/2020-TRU]
(Rajeev Ranjan)
Under Secretary to the Government of India
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