Imposition of Duty on Import of ‘Ethylene Vinyl Acetate’ from China PR, Malaysia, Saudi Arabia and Thailand.

17 Jun, 2019

NOTIFICATION No. 15 /2019-Customs (ADD)    Dated. 29th March,2019

Issued by. CBEC

G.S.R…. (E). - Whereas, in the matter of import of ‘Ethylene Vinyl Acetate (EVA)’ Sheet for Solar Module (hereinafter referred to as the subject goods)  falling under the sub-headings 3901 30, 3920 10, 3920 62, 3920 99  and 3921 90 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, Malaysia, Saudi Arabia, and Thailand (hereinafter referred to as the subject countries), and imported into India, the designated authority in its final findings vide notification  No. 6/9/2018-DGAD, dated the 21st February, 2019  published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st February, 2019, has come to the conclusion that-

“Imposition of duty is required to offset dumping and injury caused by dumped imports from China PR, Malaysia, Saudi Arabia, and Thailand. However, having found that the volume of imports from South Korea was below de-minimus level during the POI it is appropriate to terminate the investigation against South Korea in terms of Rule 14(d).”

and has recommended the imposition of definitive anti-dumping duty on the imports of subject goods, originating in or exported from the subject countries 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 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, 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, falling under subheadings of the First Schedule to the  Customs Tariff Act as specified in the corresponding entry in column (2), originating in and exported from the countries as specified in the corresponding entry in column (4),  produced by the producers as specified in the corresponding entry in column (5) and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (6), in the currency and per unit of measurement  specified in the corresponding entry in column (7)  of the said Table:-

Table :

S. No

Subheadings

Description of Goods

Country of Origin and/or

Export

Producer

Duty Amount

Unit

(1)

(2)

(3)

(4)

(5)

(6)

(7)

1.  

3901 30 

 

3920 10 

 

3920 62 

 

3920  99

 

3921  90

Ethylene

Vinyl

Acetate (EVA) Sheet

for Solar

Module

China PR

M/s Changzhou Bbetter Century film Technologies Co. Ltd. 

537

USD/MT

2.  

China PR

M/s Hangzhou First Applied Material Co.Ltd. / M/s Suzhou First PV Material Co., Ltd

665

USD/MT

3.  

China PR

M/s Changzhou Sveck PV New Material Co.Ltd.

590

USD/MT

4.  

China PR

Any

897

USD/MT

5.  

Saudi Arabia

M/s Saudi Specialized Products Company.

1338

USD/MT

6.  

Saudi Arabia

Any

1559

USD/MT

7.  

Thailand 

M/s TPI all seasons Co. Ltd.

1141

USD/MT

8.  

Thailand

Any

1529

USD/MT

9.  

Malaysia

Any

953

USD/MT

 The anti-dumping duty imposed 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 payable 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

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