Notification No. 107/2004-Customs, dated: 16.11.2004

[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

16th November

Notification No. 107/2004-Customs

Whereas, in the matter of import of Melamine (hereinafter referred to as the subject goods), falling under tariff item 2933 61 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority, vide its preliminary findings notification No.14/16/2003-DGAD, dated the 27^th February, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1^st March, 2004, had come to the conclusion that –

(a) the subject goods, in all forms, originating in, or exported from, the People’s Republic of China, have been exported to India below its normal value;

(b) the domestic industry has suffered material injury by way of financial losses due to suppressed Net Sales Realisation on account of price undercutting/underselling caused by low landed prices of the dumped subject goods;

(c)  the injury has been caused to the domestic industry by dumping of the subject goods, originating in or exported from, the People’s Republic of China,and had recommended imposition of provisional anti-dumping duty on imports of the subject goods, originating in, or exported from, the People’s Republic of China;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.53/2004-Customs, dated the 2^nd April, 2004, [G.S.R. 250(E), dated the 2^nd April, 2004], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 2^nd April, 2004;

And whereas, the designated authority, vide its final findings notification No.14/16/2003-DGAD, dated the 3^rd September, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3^rd September, 2004, has come to the conclusion that –

(a) the subject goods, in all forms, originating in, or exported from, the People’s Republic of China have been exported to India, below its normal value;

(b) the domestic industry has also suffered material injury by way of financial losses due to suppressed  Net Sales Realisation on account of price undercutting/underselling caused by low landed prices of the dumped subject goods;

(c) the injury to the domestic industry has been caused by dumping of the subject goods,  originating in, or exported from, the People’s Republic of China;and has also recommended the imposition of definitive anti-dumping duty on all imports of the subject goods, originating in, or exported from, the People’s Republic of China;

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act and 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 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 at a rate which is equivalent to the difference between, the amount as 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, and the landed value of such imported goods in like currency per like unit of measurement.

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, i.e. the 2^nd April, 2004, and shall be paid in Indian currency.

Explanation. – For the purposes of this notification, –

(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(b) 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 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.354/28/2004-TRU]

V.Sivasubramanian
Deputy Secretary to the Government of India