Another Five Years of Anti-dumping
Duty on Plain Gypsum Plaster Boards from China, Indonesia, Thai and UAE
[Customs Notification No.
06 (ADD) dated 12th April 2013]
Whereas in the matter of
imports of Plain Gypsum Plaster Boards of all thicknesses and dimensions,
(hereinafter referred to as the subject goods), falling under the heading 6809
of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter
referred as the said Customs Tariff Act), originating in, or exported from,
China People’s Republic, Indonesia, Thailand, and United Arab Emirates
(hereinafter referred to as the subject countries) and imported into India, the
designated authority in its preliminary findings vide, notification No.
14/45/2010-DGAD, dated the 19th March, 2012,published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 19th March, 2012, had come to the
conclusion that-
(i) the product under
consideration has been exported to India from the subject countries below
associated normal values, thus resulting in dumping of the subject goods;
(ii) the
domestic industry has suffered material injury;
(iii) the
material injury to the domestic industry has been caused by the dumped imports
from subject countries,
and had recommended imposition of provisional
anti-dumping duty on the imports of the subject goods, originating in, or
exported from, the subject countries;
And whereas on the basis of
the aforesaid preliminary findings of the designated authority, the Central
Government had imposed provisional anti-dumping duty, vide notification
of the Government of India in the Ministry of Finance (Department of Revenue),
No. 32/2012-Customs (ADD), dated the 7th June, 2012, published in
the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide
number G.S.R. 434 (E), dated the 7th June, 2012;
And whereas the designated
authority vide its final findings vide notification No.
14/45/2010-DGAD,dated 15th January, 2013,published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 15th January, 2013 had come to the
conclusion that –
(i) the subject goods have entered the Indian market from the subject countries
below associated normal values, thus resulting in dumping of the subject goods;
(ii) the dumping margins of the
subject goods imported from the each of the subject countries are above de-minimis;
(iii) the domestic industry has suffered material injury
in respect of the subject goods; and
(iv) the dumped imports of the
subject goods from the subject countries have caused material injury to the
domestic industry.
and had recommended imposition of definitive anti-dumping duty on all
imports of subject goods, originating in or exported from the subject countries
in order to remove the injury to the domestic industry;
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 read with 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 definitive anti-dumping duty on the subject goods,
the description of which is specified in column (3) of the Table below, falling
under sub-heading of the First Schedule to the said Customs Tariff Act as
specified in the corresponding entry in column (2), originating in the
country specified in the corresponding entry in column (4) and exported from
the country specified in the corresponding entry in column (5) and produced by
the producer specified in the corresponding entry in column (6) and exported by
the exporter specified in the corresponding entry in column (7) and imported
into India, an anti-dumping duty equal to the amount indicated in the
corresponding entry in column (8), 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 (9) of the said Table.
|
Table |
|||||||||
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
Sl. No. |
Sub- heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Duty amount |
Unit |
Currency |
|
1 |
680911 00, 680919 00 |
Plain Gypsum
Plaster Board |
China People’s Republic |
China People’s Republic |
Any |
Any |
32.85 |
Cubic Metre
(M3) |
US dollar |
|
2 |
do |
Plain Gypsum Plaster
Board |
China People’s Republic |
Any |
Any |
Any |
32.85 |
do |
US dollar |
|
3 |
do |
Plain Gypsum Plaster
Board |
Any |
China People’s Republic |
Any |
Any |
32.85 |
do |
US dollar |
|
4 |
do |
Plain Gypsum Plaster
Board |
Indonesia |
Indonesia |
Any |
Any |
24.11 |
do |
US dollar |
|
5 |
do |
Plain Gypsum Plaster
Board |
Indonesia |
Any |
Any |
Any |
24.11 |
do |
US dollar |
|
6 |
do |
Plain Gypsum Plaster
Board |
Any |
Indonesia |
Any |
Any |
24.11 |
do |
US dollar |
|
7 |
do |
Plain Gypsum Plaster
Board |
Thailand |
Thailand |
Siam Gypsum ndustry (Saraburi) Co. Ltd. |
Siam Gypsum Industry (Saraburi) Co. Ltd. |
54.46 |
do |
US dollar |
|
8 |
do |
Plain Gypsum Plaster
Board |
Thailand |
Thailand |
Siam Gypsum Industry (Songkhla) Co. Ltd. |
Siam Gypsum Industry (Songkhla) Co. Ltd. |
54.46 |
do |
US dollar |
|
9 |
do |
Plain Gypsum Plaster
Board |
Thailand |
Thailand |
Any other combination other than 7 and 8 above |
Any other combination other than 7 and 8 above |
73.80 |
do |
US dollar |
|
10 |
do |
Plain Gypsum Plaster
Board |
Thailand |
Any |
Any |
Any |
73.80 |
do |
US dollar |
|
11 |
do |
Plain Gypsum Plaster
Board |
Any |
Thailand |
Any |
Any |
73.80 |
do |
US dollar |
|
12 |
do |
Plain Gypsum Plaster
Board |
United Arab Emirates |
United Arab Emirates |
M/s Gypsemna Co. (L.L.C.), Dubai |
M/s Gypsemna Co.(L.L.C.), Dubai |
12.30 |
do |
US dollar |
|
13 |
do |
Plain Gypsum Plaster
Board |
United Arab Emirates |
United Arab Emirates |
Any Other Combination other than 12 above |
Any Other Combination other than 12 above |
20.15 |
do |
US dollar |
|
14 |
do |
Plain Gypsum Plaster
Board |
United Arab Emirates |
Any |
Any |
Any |
20.15 |
do |
US dollar |
|
15 |
do |
Plain Gypsum Plaster
Board |
Any |
United Arab Emirates |
Any |
Any |
20.15 |
do |
US dollar |
Note 1: For the
purposes of this notification Gypsum Boards having water absorption up to and
including 5% (Moisture Resistant Boards), Gypsum Boards having a minimum
breaking load of 24 newtons in the transverse
direction and 50 newtons in the longitudinal
direction per millimeter of thickness (Impact Resistant Boards or Fire
Resistant Board), Fire Boards, Fire Heat Boards, Impact Boards, Gypsum Ceiling
Boards with Moisture Barrier, ECHO Boards, Heat Boards, Anti-mold Boards or
Weather Boards, Thermal Boards, Gypsum Ceiling Boards with Aluminium
Edges Sealed in White Film and Ceiling tiles shall not be liable to pay
anti-dumping duty.
Note 2: The anti-dumping duty
imposed shall be effective for a period of five years (unless revoked,
superseded or amended earlier) from the date of imposition of the provisional
anti-dumping duty, that is, the 7th June, 2012.
Note 3: The anti-dumping duty shall be imposed on
the landed value and shall be payable in Indian currency.
Note 4: Landed value of imports shall be the
assessable value as determined by the Customs Authority 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 Customs Tariff Act, 1975 (51 of 1975).
[F.No.354/70/2012 –TRU]