Imposition of provisional anti-dumping duty on Compact Discs-Recordable classified under tariff 85239050

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No. 105/2006-Customs

Date: 6th  October, 2006

G.S.R.  (E).- Whereas, in the matter of import of Compact Discs-Recordable (CD-Rs, hereinafter referred to as the subject goods), falling under tariff item 8523 90 50 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in, or exported from the People’s Republic of China, Hong Kong, Singapore and Chinese Taipei (hereinafter referred to as the subject countries), the designated authority, in its preliminary findings vide notification No. 14/15/2005-DGAD dated the 28^th August, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28^th August, 2006, has come to the conclusion that –

i) the subject goods have entered the Indian market from the subject countries at prices less than their normal values in the domestic markets of the exporting countries;

ii) the dumping margins of the subject goods imported from the subject countries are substantial and above de minimis;

iii) the domestic industry has suffered material injury and the injury has been caused to the domestic industry both by volume and price effect of the dumped imports of the subject goods originating in or exported from subject countries; and has recommended imposition of provisional anti-dumping duty 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-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 preliminary 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 tariff item 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 countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty which shall be equal to the amount specified in the corresponding entry 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

2. The anti-dumping duty imposed under this notification shall be payable in Indian currency.

Explanation:- For the purposes 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 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 sub-clause (i) of 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: 354/129/2006- TRU