Global Trade Alert

On November 3rd, 2009, the Indian Directorate General of anti-dumping & allied duties, Ministry of Commerce and Industry, initiated an anti-dumping investigation on imports of PVC paste resin from China, Chinese Taipei, Japan, Malaysia, Russia, South Korea and Thailand.
The products subject to investigation are classified under the following HS code subheading: 3904.2210.
This follows the application lodged by M/s. Chemplast Sanmar Limited.

On June 11th, 2010, the Indian Directorate General of anti-dumping & allied duties, Ministry of Commerce and Industry, issued its preliminary findings and recommended the imposition of a provisional anti-dumping duty on imports of PVC paste resin from China, Chinese Taipei, Japan, Malaysia, Russia, South Korea and Thailand.

On July 26th, 2010, the Indian Ministry of Finance issued the Customs Notification imposing this provisional anti-dumping duty (Notification No. 77/2010-Customs, 26.07.2010). The amount of the duty imposed on imports originating in China is USD 110.96 per metric ton. The amount of the duty imposed on imports originating in Japan is USD 111.63 per metric ton. The amount of the duty imposed on imports originating in Malaysia is USD 608.57 per metric ton, at the exception of the company M/s Kaneka Paste Polymers Sdn. Bhd. whose exports are subject to a duty of USD 304.32 per metric ton. The amount of the duty imposed on imports originating in South Korea is USD 266.52 per metric ton, at the exception of the company M/s Hanwha Chemical Corporation whose exports are subject to a duty of USD 89.18 per metric ton. Moreover exports originating in South Korea and produced by the company M/s LG Chem Ltd. are not subject to the payment of a duty. The amount of the duty imposed on imports originating in Chinese Taipei is USD 401.35 per metric ton, at the exception of the company M/s Formosa Plastics Corporation whose exports are subject to a duty of USD 95.40 per metric ton. The amount of the duty imposed on imports originating in Russia is USD 284.03 per metric ton. The amount of the duty imposed on imports originating in Thailand is USD 125.18 per metric ton.
This provisional duty was effective for a period of six months.

On May 2nd, 2011, the Indian Directorate General of anti-dumping & allied duties, Ministry of Commerce and Industry, issued its final findings and recommended the imposition of a definitive anti-dumping duty on imports of PVC paste resin from China, Chinese Taipei, Japan, Malaysia, Russia, South Korea and Thailand.

On July 26th, 2011, the Indian Ministry of Finance issued the Customs Notification imposing this definitive anti-dumping duty (Notification No. 66/2011-Customs, 26.07.2011). PVC paste resin should not include 'Blending resin', 'Co-polymers of PVC paste resin', 'Battery separator resin' and 'PVC paste resin of K value below 60'.
The amount of the duty is the difference between the reference price and the landed value of the imported goods. The reference price is set as follows: USD 1,707 per metric ton for China, USD 1,471 per metric ton for Malaysia, USD 1,706 per metric ton for South Korea (but the companies M/s Hanwha Chemical Corporation and M/s LG Chem Ltd. are not subject to the payment of the duty), USD 1,701 per metric ton for Chinese Taipei (but the company M/s Formosa Plastics Corporation is not subject to the payment of the duty), USD 1,701 or USD 1,691 per metric ton for Russia (see table of the notification for more details) and USD 1,551 per metric ton for Thailand.
This definitive duty is effective for a period of five years from the date of imposition of the provisional anti-dumping duty, i.e. from July 26th, 2010.

On April 27th, 2015, the Indian Directorate General of anti-dumping & allied duties, Ministry of Commerce & Industry, initiated a sunset review of the anti-dumping duty imposed on imports of PVC paste resin from China, Chinese Taipei, Japan, Malaysia, Russia, South Korea and Thailand, as well as from the European Union (see measure 6461).
This review follows the application lodged by M/s. Chemplast Sanmar Ltd.

While initiating the sunset review, the Indian authorities decided on June 1st, 2015 to extend up to July 25th, 2016 the existing definitive anti-dumping duty imposed on July 26th, 2011 by Notification No. 66/2011-Customs (Notification No. 25/2015-Customs (ADD), 01.06.2015).
 
On 23 June 2016, following the conclusion the above-mentioned sunset review the Indian Ministry of Finance issued the Customs Notification extending the definitive anti-dumping duty (Notification No. 27/2016-Customs (ADD), 23.06.2016). The amount of the duty imposed on imports originating in or exported from the Republic of Korea is USD 379 per metric ton. This is with the expectation of Hanwha Chemical Corporation and LG Chem Ltd. who are exempted from this duty. The amount of the duty imposed on imports originating in or exported from China is USD 88 per metric ton. The amount of the duty imposed on imports originating in or exported from Malaysia is USD 214 per metric ton. The amount of the duty imposed on imports originating in or exported from Chinese Taipei is USD 101 per metric ton. The amount of the duty imposed on imports originating in or exported from Thailand is USD 111 per metric ton. This definitive duty is effective for a period of five years. The Customs Notification additionally extended the anti-dumping duty on import of the subject good from the European Union, see related measure.