[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. 116/2009-Customs

New Delhi, the 8th 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 2nd February, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd 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 27th 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 27th February, 2009;

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

Sl. No.

Heading

Description

Country of origin

Country of export

Producer

Exporter

Unit

Amount

Currency

1

2

3

4

5

6

7

8

9

10

1

4411

Plain Medium Density Fibre Board of thickness 6 mm and above

Thailand

Thailand

Siam Fibreboard Company Limited

Siam Fibreboard Company Limited

Per Cubic Meter

308.72

USD

2

As above

As above

Thailand

Thailand

Vanachai Panel Industries Co.,Ltd

Vanachai Panel Industries Co.,Ltd

Per Cubic Meter

340.33

USD

3

As above

As above

Thailand

Thailand

Vanachai Group Public Company Limited

Vanachai Group Public Company Limited

Per Cubic Meter

355.9

USD

4

As above

As above

Thailand

Thailand

Any other combination other than Sl. No. 1 to 3

Per Cubic Meter

391.79

USD

5

As above

As above

Thailand

Any Country other than Thailand

Any

Any

Per Cubic Meter

391.79

USD

6

As above

As above

Any Country other than Subject Country

Thailand

Any

Any

Per Cubic Meter

391.79

USD

7

As above

As above

Sri Lanka

Sri Lanka

Merbok MDF Lanka (Pvt) Ltd

Merbok MDF Lanka (Pvt) Ltd

Per Cubic Meter

Nil

** -Note below

USD

8

As above

As above

Sri Lanka

Sri Lanka

Any other combination other than Sl. No. 7

Per Cubic Meter

352.23

USD

9

As above

As above

Sri Lanka

Any Country other than Sri Lanka

Any

Any

Per Cubic Meter

352.23

USD

10

As above

As above

Any Country other than Subject Country

Sri Lanka

Any

Any

Per Cubic Meter

352.23

USD

11

As above

As above

Malaysia

Malaysia

Dongwha MDF

Dongwha MDF

Per Cubic Meter

328.51

USD

12

As above

As above

Malaysia

Malaysia

Robin Resources (Malaysia) Sdn Bhd

Robin Resources (Malaysia) Sdn Bhd

Per Cubic Meter

Nil

USD

13

As above

As above

Malaysia

Malaysia

Evergreen Fibre Berhad (EFB)

Evergreen Fibre Berhad (EFB)

Per Cubic Meter

334.42

USD

14

As above

As above

Malaysia

Malaysia

Any other combination other than Sl. No. 11 to 13

Per Cubic Meter

347.99

USD

15

As above

As above

Malaysia

Any Country other than Malaysia

Any

Any

Per Cubic Meter

347.99

USD

16

As above

As above

Any Country other than Subject Country

Malaysia

Any

Any

Per Cubic Meter

347.99

USD

17

As above

As above

China

China

Any

Any

Per Cubic Meter

395.52

USD

18

As above

As above

China

Any Country other than China

Any

Any

Per Cubic Meter

395.52

USD

19

As above

As above

Any Country other than Subject Country

China

Any

Any

Per Cubic Meter

395.52

USD

** Note: Subject to Price Undertaking amount of US$ 290.73 Per Cubic Meter as minimum Landed Value of imports (Against Serial No. 7 of the Duty 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

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