According to the Directorate General of Trade Remedies (DGTR) website announcement published on May 15, 2023, in the circular it is concluded that:
⦁ The product under consideration, that is, PVC Suspension Resins with RVCM above 2 PPM, has been imported into India in such increased quantities and under such conditions as to cause or threaten to cause serious injury to the domestic industry manufacturing like or directly competitive products.
⦁ The domestic industry has started suffering serious injury in the most recent period.
⦁ The existing circumstances justify imposition of quantitative restrictions in order to prevent the domestic industry from further serious injury.
Accordingly, the Authorised Officer recommends the following measures:
⦁ The imports of the product under consideration are regulated and permitted not beyond the levels as mentioned in the Table below. This quantum has been derived in terms of Rule 9(1) of the Safeguard Measures (Quantitative Restriction) Rules, based on an average of imports in the three representative years during the period of investigation, that is, 2019-20, 2020-21 and, 2021-22. Further, the quotas recommended in the table below are after keeping in view the demand-supply gap in India and cl1e demand growth during the period from April 2019 to June 2022(39 months).
⦁ The product under consideration, if produced in other developing countries (barring that mentioned in Table below), shall not be subject to the measures recommended since the investigation has not revealed any imports from other developing countries. The product produced in developed countries shall not be subject to the recommended measures, subject coevidence provided in the form of certificate of analysis or otherwise, that the RVCM content of the product imported is less than 2 PPM.
⦁ The Directorate General of Foreign Trade ("DGFT") had issued a Notification bearing file no. 01/92/180/106/AM-ll/PC-VI/PRA dated 31" January 2013 wherein it had notified a list of developing countries under Section 9A(4)(a) of the FIDR Act, 1992. This notification was based on the Notification issued by Department of Revenue. However, the Authorised Officer has noted that the list of developing countries has been subsequently revised by the Department of Revenue vide Notification No.19/2.016-Cuscom (NT), dated S'h February 2016. As the imports from the developing countries listed in tl1esaid Notification No.19/2016-Custom (NT), dated 5th February 2016, other than China PR do not exceed 3% individually and 9% collectively, the imports of "PVC Suspension Resins with RVCM above 2 PPM" originating from such developing countries (other than China PR) will not attract Quantitative Restrictions in terms of section 9A(l) of the Foreign Trade (Development and Regulation) Act,1992.
⦁ The Authorised Officer recommends imposition of Quantitative Restrictions only on imports of PVC Suspension Resins with RVCM above 2 PPM. The producers/exporters manufacturing PVCSuspension Resins withRVCM upto 2 PPM will not be subject to any restrictions. While the Authorised Officer has relied upon the specification sheers, COA and submissions made by the parties in order to evaluate whether the producer had exported the product under consideration (i.e.,above 2PPM resin) or the directly competitive article (i.e., itpto 2 PPM resin), for the reasons specified above, for the purposes of implementation, it would be appropriate to consider the specifications of the product on the basis of certificate of analysis, which may be presented with each import consignment to decide whether the import is of the product under consideration or the directly competitive article.
⦁ The imports would be permitted through the EDI ports only to facilitate electronic/ real-time monitoring of the allocated quota. The quota would be monitored on quarterly basis. The total imports allowed in any quarter shall not ex:ceed the total of that quarter and the next quarter. Any unutilized quota for a quarter shall be added to next quarter. Further, any excessively utilized quota for a quarter shall be deducted from the quota for the next:t quarter. This would ensure that the exporters and the associated importers would be able to regulate the volumes smoothly. Thus, allocation of quota in such a manner would ensure that users, importers and exporters do not suffer any undue hardships. If necessary, further modalities for governing such Quantitative Restrictions may be notified, in accordance with relevant legal provisions.
⦁ Accordingly, the Authorised Officer, in accordance with Section 9A(l) of the Foreign Trade (Development and Regulation) Act, 1992, recommends imposition of quantitative restrictions on the imports of the subject goods for a period of one year from the date of the notification under the ITDR Act.
Read the full announcement: Final Findings - Safeguard Investigation Concerning Imports of Polyvinyl Chloride (PVC) Suspension Resins with Residual Vinyl Chloride Monomer (RVCM) Content above 2 PPM into India
