Anti-dumping Duty on XBIS Machines

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

18th  July, 2003

Notification No. 112/2003-Customs

WHEREAS in the matter of import of in the matter of imports into India of X-Ray Baggage Inspection Multi Energy System (XBIS) falling under heading 9022 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as “the subject goods”), originating in, or exported from, the European Union (hereinafter referred to as “EU”), the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31 March, 2003, has come to the conclusion that –

(a) XBIS has been exported to India from EU below its normal value;

(b) the domestic industry has suffered material injury;

(c) the material injury has been caused by imports from  EU, and has considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods originating in, or exported from the European Union and imported into India;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 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 headings of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table,  originating in the territory or countries as specified in the corresponding entry in column (5), and exported from the territory or countries as specified in the corresponding entry in column (6) and produced by the producers as specified in the corresponding entry in column (7) and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty equal to the  amount mentioned in the corresponding entry given in column (9)  in the currency as specified in the corresponding entry in column (11)  and per unit of measurement as specified in the corresponding entry in column (10), of the said Table.

Table

PROVIDED that no anti-dumping duty shall be imposed on XBIS with the following technical parameters, namely:-

(a) XBIS machines having steel penetration greater than 25mm thickness;

(b) XBIS machines having audio and visual alarm in case of failure of machines to penetrate a particular item ;

(c) XBIS machines having Threat Image Protection (TIP) facility without requirement of rebooting;

(d) XBIS machines having the capability of passing the single wire resolution test of 38  SWG and above;

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the  17^th day of  January, 2004 and shall be payable in Indian currency.

Explanation. – For the purpose of this notification,  “rate of exchange” applicable for the purposes of calculation of anti-dumping duty shall be the rate which is specified in the notification issued from time to time, in exercise of the powers under clause (a) of sub-section (3) of 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.354/25/2003-TRU

Sivasubramanian
Deputy Secretary to the Government of India