Notification No. 37/2020-Customs (ADD) dated 11.11.2020 -Seeks to impose definitive anti dumping duty on Clear Float Glass originating in or exported from Malaysia.
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, the 11th November, 2020
G.S.R. (E).-Whereas in the matter of ‘Clear Float Glass’ (hereinafter referred to as the subject goods) falling under Chapter 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 Malaysia (hereinafter referred to as the ‘subject country’), and imported into India, the designated authority in its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 6/15/2019-DGTR, dated the 20th August, 2020, has come to the conclusion that–
(a) the subject goods have been exported to India from the subject country below its associated normal value, thus resulting in dumping;
(b) the Domestic Industry has suffered material injury due to dumping of the subject goods from the subject country;
(c) the material injury has been caused by the dumped imports from the subject country,
and whereas, the designated authority has recommended imposition of definitive anti-dumping duty on the imports of subject goods, originating in or exported from the subject country and imported into India, in order to remove injury to the domestic industry.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, read with 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, after considering 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 heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4), exported from the country as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), and imported into India, an anti-dumping duty at the rate equal to the difference between the landed value of subject goods and the amount indicated in the corresponding entry in column (7), provided that the landed value is less than the amount indicated in column (7), in the currency as specified in the corresponding entry in column (8), and per unit of measurement as specified in the corresponding entry in column (9) of the said Table, namely:-
|Description of Group||Country
|1||7005||Clear Float Glass of nominal thicknesses
ranging from 4mm to 12mm (both inclusive), the nominal thickness being as per BIS 14900:2000
|Malaysia||Malaysia||Kibing Group (M)
|2||-do-||-do-||Malaysia||Malaysia||Xinyi Energy Smart (Malaysia) Sdn. Bhd.||272.87||United
|3||-do-||-do-||Malaysia||Any||Any other than S. Nos. 1 and 2 above||326.00||United
|4||-do-||-do-||Any country not attra cting anti- dumping duties||Mal aysia||Any||326.00||United
2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be paid in Indian currency.
Explanation 1.- 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.
Explanation 2.- The “landed value” of imports for the purpose of this notification shall be the assessable value as determined by the Customs under Customs Act, 1962 and applicable level of customs duties except duties levied under Section 3,8B, 9, 9A of the said Customs Tariff Act.
(Jainendra Singh Kandhari)
Deputy Secretary to the Government of India