Imposition of Anti Dumping Duty on importation of Digital Versatile Discs-Recordable

The Central Government vide Notification No. 45/2014-Customs (ADD) dated November 21, 2014 (Notification No. 45) has again imposed Anti Dumping Duty (ADD) on import of Digital Versatile Discs-Recordable (DVD-R and DVD-RW) falling under Heading 8523 of the First Schedule to the Customs Tariff Act, 1975 (the Customs Tariff Act), originating in or exported from the People’s Republic of China, Hong Kong and Chinese Taipei.

The ADD imposed under Notification No. 45 shall be effective for a period of five years (unless revoked, superseded or amended earlier) from its date of publication in the Official Gazette and shall be paid in Indian currency.

Notification No. 45/2014-Customs (ADD),

Dated: November 21, 2014

Whereas, the designated authority,  vide notification No.15/10/2013-DGAD, dated the 18th July, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of Digital Versatile Discs-Recordable (DVD-R and DVD-RW) (hereinafter referred to as the subject goods) falling under heading 8523 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 the People’s Republic of China, Hong Kong and Chinese Taipei (hereinafter referred to as the subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 8/2009-Customs, dated the 22nd January, 2009,   published in the Gazette of India, Extraordinary,  Part II, Section 3, Sub-section (i) vide  number G.S.R. 47(E), dated the 22nd January, 2009;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject countries upto and inclusive of the 22nd July, 2014 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 19/2013-Customs (ADD), dated the 29th August, 2013, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number G.S.R 581(E), dated the 29th August, 2013;

And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject countries, the designated authority  in its final findings, published vide notification No. 15/10/2013-DGAD, dated the 14th October, 2014, in Part I, Section 1 of the Gazette of India, Extraordinary, has come to the conclusion that-

(i) there is likelihood of recurrence of dumping of Digital Versatile Discs-Recordable of DVD-R and DVD+R kinds from the subject countries in the event of withdrawal of duty;

(ii) the domestic industry is likely to continue to suffer material injury;

(iii) injury is likely to intensify if anti-dumping duty is withdrawn,

and has recommended imposition of the anti-dumping duty on the Digital Versatile Discs-Recordable of DVD-R and DVD+R kinds, 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 Customs Tariff Act, read with rules 18 and 23 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 goods, the description of which is specified in column (3) of the Table below, specification of which is mentioned in column (4), falling under heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (5), exported from the countries as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the   amount as specified in the corresponding entry in column (9) in the currency as specified in the corresponding entry in column (11) and as per unit of measurement as specified in the corresponding entry in column (10) of the said Table, namely:-

Table

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.- 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. 354/111/2008-TRU (Pt.-I)]

(Akshay Joshi)
Under Secretary to the Government of India

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(Notification Analysed by  –Bimal Jain, FCA, FCS, LLB, B.Com (Hons), Mobile: +91 9810604563, Email: [email protected])