Steel and fibre glass - Anti-dumping duty on steel and fibre glass tapes and their parts and components, originating in, or exported from, Peoples Republic of China.

Document Text

Notification No. 147/2003-Customs Dated 7-10-2003 Anti-dumping duty on steel and fibre glass tapes and their parts and co m p o n en ts, o rig in a tin g in , o r ex p o rted fro m , P eo p le’s R ep u b lic o f China WHEREAS in the matter of import of steel and fibre glass tapes and their parts and components (hereinafter referred to as “th e su b ject g o o d s”), falling under sub-heading 9017 80 10 and 9017 90 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported fro m , th e Peo p le’s R ep u b lic o f C h in a (h erein after referred to as “th e su b ject co u n try”), an d im p o rted in to In d ia, th e d esig n ated au th o rity vide its preliminary findings No. 14/31/2002-DGAD dated the 31st January, 2003 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st January, 2003, had come to the conclusion that - (i) steel and fibre glass tapes and their parts, originating in, or exported fro m Peo p le’s R ep u b lic o f C h in a h ad b een exp o rted to In d ia b elo w normal value, resulting in dumping; (ii) the domestic industry had suffered material injury; (iii) in ju ry h ad b een cau sed b y im p o rts fro m Peo p le’s R ep u b lic o f C h in a ; and had recommended imposition of provisional anti-dumping duty, pending final determination, on all imports of steel and fibre glass tapes and their parts, originating in, or exported fro m , Peo p le’s R ep u b lic o f C h in a ; AND WHEREAS, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty vide notification of the Government of India in the erstwhile Ministry of Finance & Company Affairs (Department of Revenue) No. 65/2003-Customs, dated the 4th April, 2003, published in Part II, Section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 4th April, 2003 [G.S.R. 304(E), dated the 4th April, 2003]; AND WHEREAS, the designated authority, vide its final findings No. 14/31/2002-DGAD, dated the 1st September, 2003 published in the Gazette of India, Extraordinary, Part I, Section I, dated the 1st September, 2003 has come to the conclusion that - (i) subject goods have been exported to India from the subject country below its normal value, resulting in dumping; (ii) the Indian industry has suffered material injury; (iii) the injury has been caused by the dumped imports from the subject country, and the DA has considered it necessary to impose final anti-dumping duty on all imports of the subject goods, originating in, or exported from the subject country so as to remove the injury to the domestic industry; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) with of Section 9A of the said Customs Tariff Act, read with sub-section (5) thereof, and 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), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5), and exported from the countries as specified in the corresponding entry in column (6) and produced by the producers as specified in the corresponding entry in column (7) and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the difference between the amount as specified in the corresponding entry in column (9) and the landed value of the goods, in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table. TABLE S. No . Sub- headin g Specificati on of Descripti on goods Countr of y origin Countr of y Export Produc er Export er Amou nt of Unit Measureme nt Currenc y (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 1. 9017 Measurin g Tape 80 10 or 9017 90 00 Steel Tapes and parts and componen ts thereof Peop le’ s Republi c of China Any countr y Any Produc er Any Exporte r 4.106 Kg. (11) US$ (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) US$ Any Countr y Steel Tapes and parts and componen ts thereof Any Produc er People ’s Repub lic of China Any Exporte r 4.106 Kg. 2. 9017 80 10 or Measurin g Tape 9017 90 00 3. 9017 80 10 or Measurin g Tape 9017 90 00 4. 9017 80 10 or Measurin g Tape 9017 90 00 5. 9017 80 10 or Measurin g Tape 9017 90 00 6. 9017 80 10 or 9017 90 00 Measurin g Tape Steel Tapes and parts and componen ts thereof Peop le’ s Republi c of China People ’s Repub lic of China Any Produc er 4.106 Kg. US$ Any Exporte r Any Countr y Fibreglass Tapes and parts and componen ts thereof 4.691 Kg. US$ Any Exporte r Any Produc er People ’s Repub lic of China Fibreglass Tapes and parts and componen ts thereof Peop le’ s Republi of c China Any Count ry Any Produc er Any Exporte r 4.691 Kg. US$ Fibreglass Tapes and parts and componen ts thereof Peop le’ s Republi c of China People ’s Repub lic of China Any Produc er 4.691 Kg. US$ Any Exporte r 2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 4th April, 2003, and shall be paid in Indian currency. Explanation. - For the purposes of this notification, - (a) “lan d ed valu e” sh all b e th e assessab le valu e as d eterm in ed u n d er the Customs Act, 1962 and includes all duties of customs except duties under Sections 3, 3A, 8B, 9 and 9A of the Customs Tariff Act, 1975; (b ) th e “rate o f exch an g e” ap p licab le fo r th e p u rp o ses o f calcu latio n o f the anti-dumping duty under this notification shall be the exchange rate specified in the notification issued from time to time in exercise of powers conferred under sub-section (3) of section 14 of the Customs Act, 1962, and the relevant date for 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. [Notification No. 147/2003-Cus., dated 7-10-2003]

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