Seeks to levy definitive anti-dumping duty on imports of Synchronous Digital Hierarchy Transmission Equipment originating in, or exported from China PR and Israel for a period of five years.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No. 15/2016-Customs (ADD)

New Delhi, the dated 26th April, 2016

G.S.R. (E). – Whereas, the designated authority, vide notification No. 15/20/2014-DGAD, dated the 6th December, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th December, 2014, had initiated a review in the matter of continuation of anti-dumping duty on imports of Synchronous Digital Hierarchy Transmission Equipment (hereinafter referred to as the subject goods), falling under sub-headings 8517 62 or 8517 70 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 People’s Republic of China and Israel (hereinafter referred to as subject countries), imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 125/2010- Customs, dated the 16th December, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.981(E), dated the 16th December, 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 7th December, 2015, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 01/2015-Customs(ADD), dated the 5th January, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 8(E), dated the 5th January, 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. 15/20/2014-DGAD, dated the 5th February, 2016, in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th February, 2016 has come to the conclusion that-

(i) As far as Huawei China, ZTE Corporation Ltd, China, Alcatel-Lucent Shanghai Bell Co. Ltd., China are concerned, there is continued dumping of the subject goods from these companies in the period of investigation. Dumped imports were causing injury to the domestic industry in the period of investigation;

(ii) As far as HETC, China is concerned, there is negligible dumping in the period of investigation (POI) and in this behalf, the Authority has, therefore, examined the post POI exports to India as well as third countries and found that the same were un-dumped. Therefore, there was no likelihood of dumping;

(iii) As far as ECI Telecom, Israel is concerned, the exports of the subject goods to India in the POI and to India as well as third countries in the post-POI were not at dumped prices and thus there is no likelihood of dumped imports from ECI Telecom, Israel if the duty is revoked;

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

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub­section (5) of section 9A of the said 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, 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, falling under sub- heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (4), and produced by the producers as specified in the corresponding entry in column (6), when exported from the countries as specified in the corresponding entry in column (5), by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (8), and as per unit of measurement as specified in the corresponding entry in column (9), of the said Table

Table

S. NoHeading/

sub-
heading

Description of
goods
Country of
origin
Country of
export
ProducerExporterDuty
amount
Unit
(1)(2)(3)(4)(5)(6)(7)(8)(9)
1.851762 or
851770
Synchrono us Digital Hierarchy transmission
equipment
as specified
in Notes 1
to 5 below
People’s
Republic of
China
People’s
Republic of
China
M/s
ZTE
Corporation Ltd.
M/s ZTE
Corporation
Ltd.
48.42% of CIF
value
of
imports
2DoDoPeople’s Republic of ChinaPeople’s Republic of ChinaM/s Alcatel  Lucent Shanghai Bell Co. LtdM/s Alcatel Lucent
Shanghai Bell Co. Ltd
54.09Do
 3DoDoPeople’s
Republic of
China
People’s
Republic of
China
M/s
Huawei
Technoogies
Co. Ltd
M/s Huawei Technologies Co. Ltd.,
China PR or
Huawei Tech
Investment Co., Ltd.,
Hong Kongor Huawei
International Pte Ltd., Singapore
37.73Do
 4DoDoPeople’s
Republic of
China
People’s
Republic of
China
Hangzh
ou ECI
Telecommunicaton Co. Ltd
M/s ECI Telecom Ltd., IsraelNilDo
 5DoDoPeople’s
Republic of
China
People’s
Republic of
China
Any other than Sl.No. 1,2,3 and 4 aboveAny86.59Do
 6DoDoPeople’s
Republic of
China
Any
country
other
than People’s Republic of China
AnyAny86.59Do
 7DoDoAnyPeople’s
Republic of
China
AnyAny86.59Do
 8DoDoIsraelIsraelM/s ECI Telecom Ltd.M/s ECI Telecom Ltd.NilDo
 9DoDoIsraelIsraelAny other than Sl. No. 8 aboveAny9.42Do
10DoDoIsraelAny
country other than People’s Republic of China or Israel
AnyAny9.42Do
11.DoDoAny
country
other
than People’s Republic of
China
IsraelAnyAny9.42Do

Note 1: The product under consideration (PUC) will include “Synchronous Digital Hierarchy transmission equipment, viz., STM-1, STM-4, STM-16, STM-64, STM-256, in assembled, CKD, SKD form, its assemblies and sub-assemblies or fitted with eventual broadband or cellular equipment. PUC will also include Add Drop Multiplexers (ADM) (For SDH application only), Multiple Add Drop Multiplexers (MADM) (For SDH application only), and Digital Cross Connect (DXC) (For SDH application only), Populated Circuit Boards (For SDH application Only) and parts / components imported as a part of equipment, so long they are imported along with the equipment or its assemblies or subassemblies. The PUC will also include software meant for SDH, which is an integral part of these equipments, which may be bought either as a part of the equipment or separately. However components or parts imported on a standalone basis are outside the purview of PUC.

Note 2: SDH Equipment essentially transmits signals through the medium of optical fibre. There may be SDH equipment meant for transmission through electrical copper medium or microwave radio medium. The SDH equipment transmitting the data through optical fibre alone shall be subject to levy of anti-dumping duty.

Note 3: When SDH is imported as a part of eventual broadband or cellular equipment, the AD Duty shall be payable only on the SDH portion of the imports. Similarly, when eventual broadband or cellular equipment is imported as a part of the SDH equipment, the anti­dumping duty shall be payable only on the SDH portion of the imports.

Note 4: PDH, CWDM, DWDM, Microwave systems, GPON, DSLAM, MSAN, BITS, routers, PDSN, SGSN, MGW, BTS, BSC, MSC, ONT, HLR, HSS and MRP being non-SDH in any of its form are outside the scope of PUC and, therefore, not subject to levy of anti­dumping duty.

Note 5: Microwave radio terminals which could have an STM-1 interface to the SDH transmission equipment and act as a physical media to enable the connectivity between the radio and the SDH equipment are outside the purview of payment of anti-dumping duty.

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years from the date of publication of this notification in the Official Gazette and shall be paid 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.354/204/2009-TRU (Pt.-I)]

(Anurag Sehgal)

Under Secretary to the Government of India

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