[Ref: Notification
No. 17/2016-Customs (ADD)
dated 13 May 2016]
Whereas, the Designated Authority, vide notification No.
15/01/2015-DGAD, dated the 27 March, 2015,
published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 27 March, 2015, had initiated a review in the matter of
continuation of anti- dumping duty on imports of Digital Versatile Discs-Recordable (DVD-R) (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) and originating in, or
exported from, Vietnam and Thailand (hereinafter referred to as subject countries), imposed
vide notification of the Government of
India in the Ministry of Finance (Department of
Revenue), No. 98/2010- Customs, dated the 28th September, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)
vide number G.S.R.783(E), dated the 28th September, 2010;
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
11th April, 2016, vide notification of the Government of
India, in the Ministry of Finance (Department of
Revenue) No.12/2015-Customs(ADD), dated the 11th April, 2015,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R
282(E), dated the 11th April, 2015;
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. 15/01/2015-DGAD, dated the 15th March,
2016, in the Gazette of
India, Extraordinary, Part I, Section 1,
dated the 15th
March, 2016 has come to the conclusion that,-
(a) the domestic industry is likely to continue to suffer material injury and the injury would intensify if the anti-dumping duty is removed;
(b) there is a need for continued imposition of the duty to protect the domestic industry against
continuation or recurrence
of
dumping
from
the subject countries
and
continuation or recurrence of injury to the domestic industry;
and has recommended imposition of the definitive 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 (1)
readwith sub-section (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 and on
the
basis of the aforesaid final findings of the Designated Authority, hereby imposes on the subject goods,
the
description of
which is specified in column (3) of the Table below, specification of which is specified in column (4), falling under heading of the First Schedule to the Customs Tariff Act specified in the corresponding entry in column
(2), originating in the countries specified in the corresponding entry in column (5),
exported from the countries specified in the corresponding entry in column (6), produced by the
producers specified in the corresponding entry in column (7), exported by the exporters specified in the corresponding entry in column (8), and
imported into India, an anti-dumping
duty
at the rate equal to the amount specified in the corresponding entry in column (9), in the currency specified in the corresponding entry in column (11) and as per
unit of measurement specified in the corresponding entry in column (10)
of the said Table, namely:-
|
Table |
||||||||||
|
Sl. No |
Tariff heading |
Description of goods |
Specification ion |
Country of
origin |
Country of export |
Producer |
Exporter |
Duty amount |
Unit of measure--ment |
currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1. |
8523 |
Digit al versatile Disc, Recordable |
DVD-R, DV D+R, or mini DVD-R |
Vietnam |
Any |
Any |
Any |
41.35 |
Per 1000 pieces |
US Dollar |
|
2. |
8523 |
Digital versatile Disc, Recordable |
DV D-R, DV D+R, or mini DV D-R |
Any country other than the subject countries and
countries attracting
anti-dumping duty under any other
notification |
Vietnam |
Any |
Any |
41.35 |
Per 1000 pieces |
US Dollar |
|
3. |
8523 |
Digital versatile Disc, Recordable |
DVD-R, DV D+R, or mini DVD-R |
Thailand |
Any |
Any |
Any |
43.70 |
Per1000 pieces |
US Dollar |
|
4. |
8523 |
Digital versatile Disc, Recordable |
DV D-R, DV D+R, or mini DV D-R |
Any country other than the subject countries and
countries attracting
anti-dumping duty under any other
notification |
Thailand |
Any |
Any |
43.70 |
Per1000 pieces |
US Dollar |
2. The anti-dumping duty imposed under this notification shall be levied for
a period of five years from the date of publication of this notification in the Official Gazette 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.354/244/2009-TRU (Pt.-II)]