CBIC imposes anti-dumping duty on imports of Industrial Laser Machinery originating in or exported from China PR vide Customs Notification 15/2023
Introduction: The Ministry of Finance, Department of Revenue, through Notification No. 15/2023-Customs (ADD) dated 22nd December 2023, has issued an anti-dumping duty on ‘Industrial Laser Machines’ imported from China. This move is based on the findings of the designated authority and aims to address the adverse impact on the domestic industry. The detailed analysis of the notification and its implications follows.
Detailed Analysis: The notification, G.S.R. 913(E), pertains to ‘Industrial Laser Machines’ used for cutting, marking, or welding operations, falling under specific tariff items. The designated authority’s final findings highlight key conclusions:
1. Dumped Prices: The subject goods have been exported to India from China at dumped prices.
2. Material Injury: The domestic industry has suffered material injury due to subject imports.
3. Causal Link: The material injury is attributed to the dumped imports of subject goods from China.
To counteract this, the Central Government, under section 9A of the Customs Tariff Act, imposes an anti-dumping duty on the specified goods. The duty rates vary for different producers and range from 22.54% to 147.20% of CIF value.
The affected goods include Industrial Laser Machines in fully assembled, SKD, or CKD form, used for cutting, marking, or welding operations. The scope of the product encompasses Laser Cutting Machines, Laser Marking Machines, and Laser Welding Machines.
The duty rates are applicable to goods originating in China and exported from China, with specific rates for different producers. The duty shall be effective for five years from the date of publication, payable in Indian currency.
Conclusion: The imposition of anti-dumping duty through Notification No. 15/2023 is a significant step to safeguard the domestic industry against unfair trade practices. This measure addresses the challenges posed by dumped imports of Industrial Laser Machines from China, providing relief to the affected domestic producers. Importers and stakeholders should take note of the duty rates specified for different producers and the scope of the affected goods. The duration of the duty is set at five years, ensuring a sustained protective mechanism, subject to any earlier revocation, superseding, or amendment. Importers and the industry at large should stay informed and compliant with these regulations for the specified period.
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MINISTRY OF FINANCE
(Department of Revenue)
Notification No. 15/2023-Customs (ADD) | Dated: 22nd December, 2023
G.S.R. 913(E).—Whereas in the matter of ‘Industrial Laser Machines, used for cutting, marking, or welding’ (hereinafter referred to as the subject goods) falling under tariff items 84561100, 84569090, 84798199, 85152190, 85158090 and 90132000 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 China PR (hereinafter referred to as the subject country), and imported into India, the designated authority in its final findings, issued vide notification 06/07/2022-DGTR, dated the 27th September, 2023 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th September, 2023, read with corrigendum issued vide notification 06/07/2022-DGTR dated 6th December, 2023 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th December, 2023, has inter alia come to the conclusion that—
(i) the subject goods have been exported to India from the subject country at dumped prices;
(ii) the domestic industry has suffered material injury on account of subject imports from subject country;
(iii) the material injury has been caused by the dumped imports of subject goods from the subject country,
and has recommended imposition of an 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 tariff item 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 countries 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 calculated at the rate as specified in the corresponding entry in column (7) of the said Table, namely:-
TABLE
|
SN |
Tariff Item | Description of Goods | Country of origin | Country of Export | Producer | Duty as
% of CIF |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| 1
|
84561100,
84569090, 84798199, 85152190, 85158090 and 90132000
|
Industrial Laser Machines, in fully assembled, SKD or CKD form, used for cutting, marking, or welding operations*
|
China PR
|
Any country including China PR
|
GD Han’s Yueming Laser |
24.66%
|
| Group Co., Ltd. | ||||||
|
Han’s Laser Smart Equipment Group Co., Ltd. |
||||||
| Han’s Laser Technology Industry Group Co., Ltd. | ||||||
| Han’s MP Laser Technology Co., Ltd. | ||||||
| Suzhou Songu Intelligent Equipment Co., Ltd. | ||||||
| 2 | -do- | -do- | China PR | Any country including China PR | Jiangsu Yawei Machine- Tool Co., Ltd. |
43.35% |
| Jiangsu Yawei Chuangkeyuan Laser Equipment Co., Ltd. | ||||||
| 3 | -do- | -do- | China PR | Any country including China PR | TRUMPF (China) Co., Ltd. |
Nil |
| Jiangsu Jinfangyuan CNC Machine Co., Ltd. | ||||||
| 4 | -do- | -do- | China PR | Any country including China PR | HSG Laser Co., Ltd |
22.54% |
| Jinan Hongshi Laser Technology Co., Ltd | ||||||
| 5 | -do- | -do- | China PR | Any country including China PR | Bystronic (Tianjin) Laser Ltd |
30.16% |
| Bystronic Laser AG | ||||||
| Bystronic (Shenzhen) Laser Technology Co., Ltd | ||||||
| 6 | -do- | -do- | China PR | Any country including China PR | Jinan Bodor CNC Machine Co., Ltd | 84.22% |
| 7 | -do- | -do- | China PR | Any country including China PR | Jinan Oree Laser Technology Co. Ltd |
87.30% |
| Shandong Oree Laser Technology Co. Ltd | ||||||
| 8 | -do- | -do- | China PR | Any country including China PR | Gweike Tech Co., Ltd | 90.49% |
| 9 | -do- | -do- | China PR | Any country including China PR | Any, other than SN 1 to 8 | 147.20% |
| 10 | -do- | -do- | Any other than China PR | China PR | Any | 147.20% |
*the scope of the product includes Laser Cutting Machines, Laser Marking Machines, and Laser Welding machine .
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 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 Act;
[F. No. CBIC-190354/240/2023-TO(TRU-I)-CBEC]
RAJEEV RANJAN, Under Secy.
******
Corrigendum – Notification No. 15/2023- Customs (ADD), dated the 22nd December, 2023
MINISTRY OF FINANCE
(Department of Revenue)
CORRIGENDUM
New Delhi, the 23rd January, 2024
G.S.R. 59(E).—In the notification of the Government of India, Ministry of Finance (Department of Revenue) No. 15/2023- Customs (ADD), dated the 22nd December, 2023, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 913(E), dated the 22nd December, 2023, namely:-
(i) at the page number 4, in line 11, omit ‘84798199,’;
(ii) at the page number 4, in the TABLE, in column (2), omit ‘84798199,’;
(iii) at the page number 5, in the TABLE, against SN 7, in Column (6), for “Jinan Oree Laser Technology Co. Ltd”, read “Jinan Oree Laser Equipment Co., Ltd.”;
(iv) at the page number 5, after Paragraph 2, in the Explanation –
for
“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 Act;”
read
“For the purposes of this notification-
(a) 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 Act;
(b) “CIF value” means the assessable value as determined under section 14 of the Customs Act, 1962 (52 of 1962).”.
[F. No. CBIC- 190354/240/2023-TO(TRU-I)-CBEC]
RAKESH DAHIYA, Director
when anty dumping duty apply on goods, is goods in India or anywhere goods but date signed.