Regarding imposing provisional anti-dumping duty on subject goods

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 116/2009-Customs

New Delhi, the 8^th October, 2009

G.S.R. (E). – Whereas, in the matter of import of Plain Medium Density Fibre Board of thickness 6 mm and above, (hereinafter referred to as the subject goods) , falling under heading 4411 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and originating in, or exported from the People”s Republic of China, Malaysia, Thailand and Sri Lanka ( hereinafter referred to as the subject countries), the designated authority, vide its preliminary findings vide notification No. 14/12/2007-DGAD dated 2^nd February, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2^nd February, 2009, had come to the conclusion that –

The subject goods had been exported from subject countries to India at dumped prices. The dumping margins of the subject goods imported from the subject countries were substantially and above de-minimis; and the domestic industry had suffered material injury and injury had been caused to the domestic industry both by the volume and price effect of dumped import of the subject goods originating in, or exported from, the subject countries; and

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification No. 21/2009-Customs, dated the 27^th February, 2009, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 132(E), dated the 27^th February, 2009;

And whereas, the designated authority, vide its final findings vide notification No. 14/12/2007-DGAD dated 26^th August, 2009, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 26^th August, 2009, has come to the conclusion that –

1.the subject goods have been exported to India from the subject countries at dumped prices and dumping margins have been substantial and above de minimis level.

2.the domestic industry has suffered material injury;

3.the injury has been caused by the dumped imports from the subject countries, and has recommended to impose definitive anti-dumping duties 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-sections (1) and (5) of section 9A of the said Customs Tariff Act, 1975, and in pursuance of 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 final 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 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) of the said Table, 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 which shall be equal to the difference between the amount indicated in column (9) of the table below and landed value of imports, in the currency as specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (8) of the said Table.

Table

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, 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: 354/39/2009- TRU]

Limatula Yaden
Deputy Secretary to the Government of India