Seeks to levy definitive anti-dumping duty on imports of Digital Versatile Discs-Recordable (DVD-R) originating in, or exported from Vietnam and Thailand for a period of five years

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 17/2016-Customs (ADD)

New Delhi, the 13th May, 2016

G.S.R. (E). – Whereas, the Designated Authority, vide notification No. 15/01/2015-DGAD, dated the 27th March, 2015, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th March, 2015, had initiated a review in the matter of continuation of anti dumping duty on imports of Digital Versatile Discs-Recordable (DVD-R) (hereinafter referred to as the subject goods), falling under heading 8523 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)(hereinafter referred to as the Customs Tariff Act) and originating in, or exported from, Vietnam and Thailand (hereinafter referred to as subject countries), imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 98/2010- Customs, dated the 28th September, 2010,  published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.783(E), dated the 28th September, 2010;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject countries, upto and inclusive of the 11th April, 2016, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.12/2015-Customs(ADD), dated the 11th April, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 282(E), dated the 11th April, 2015;

And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject countries, the Designated Authority in its final findings published vide notification No. 15/01/2015-DGAD, dated the 15th March, 2016, in the Gazette of India, Extraordinary, Part I, Section 1, dated the 15th March, 2016 has come to the conclusion that,-

(a) the domestic industry is likely to continue to suffer material injury and the injury would intensify if the anti-dumping duty is removed;

(b) there is a need for continued imposition of the duty to protect the domestic industry against continuation or recurrence of dumping from the subject countries and continuation or recurrence of injury to the domestic industry;

and has recommended imposition of the definitive anti-dumping duty on all imports of the subject goods, originating in, or exported, from the subject countries;

Now, therefore, in exercise of the powers conferred by sub-section (1) readwith sub-section (5) of section 9A of the Customs Tariff Act read with rules 18 and 23 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 and on the basis of 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 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
Sl. No
Tariff heading
Description of goods
Specif-ication
Country
of origin
Country of export
Producer
Exporter
Duty amount
Unit of measur-
ement
currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1.8523Digital versatile Disc, RecordableDV
D-R
DV
D+R,
or mini
DV
D-R
VietnamAnyAnyAny41.35Per
1000 pieces
US Dollar
2.8523Digital versatile Disc, RecordableDV
D-R
DV
D+R,
or mini
DV
D-R
Any country other than the subject countries and countries attracting anti-dumping duty under any other notificationVietnamAnyAny41.35Per 1000 piecesUS Dollar
3.8523Digital versatile Disc, RecordableDV
D-R
DV
D+R,
or mini
DV
D-R
    0Per 1000 piecesUS Dollar
4.8523Digital versatile Disc, RecordableDV
D-R
DV
D+R,
or mini
DV
D-R
Any country other than the subject countries and countries attracting anti-dumping duty under any other notificationThailandAnyAny43.70Per 1000 piecesUS Dollar

2. The anti-dumping duty imposed under this notification shall be levied for a period of five years 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.

[F. No.354/244/2009-TRU (Pt.-II)]

(Anurag Sehgal)

Under Secretary

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