Stiff $3 Plus Anti-dumping Duty on USB Flash Drives from China and Taiwan
Notified, Department Gets Past High Court Order Dismissing DGAD Finding
[Customs Notification No. 22
(ADD) dated 22nd May 2015]
Whereas in the matter of ‘USB
Flash Drives’ (hereinafter referred to as the subject goods) falling Chapter
8471, 8473, 8504, 8517, 8519, 8523, 8524, 8538, 8542 or 8543 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or
exported from People’s Republic of China and Chinese Taipei (hereinafter
referred to as the subject countries), and imported into India, the designated
authority in its final findings published in the Gazette of India, Extraordinary,
Part I, Section 1, vide notification number 14/22/2012-DGAD dated the 19thDecember
2014, has come to the conclusion that–
(a) the subject goods has been exported to
India from subject countries below its normal value, thus resulting in dumping
of the product;
(b) the domestic industry has suffered
material injury due to dumping of the subject goods;
(c) the material injury has been caused by the
dumped imports of the subject goods originating in or exported from the subject
countries;
And, whereas, the designated
authority has recommended imposition of definitive anti-dumping duty on the
imports of subject goods, originating in or exported from the subject countries
and imported into India, in order to remove injury to the domestic industry.
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 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, after considering 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/ tariff item 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 (4), exported from the countries as specified in
the corresponding entry in column (5), produced by the producers as specified
in the corresponding entry in column (6), exported by the exporters as
specified in the corresponding entry in column (7), and imported into India, an
anti-dumping duty at the rate equal to the amount as specified in the
corresponding entry in column (8), in the currency as specified in
the corresponding entry in column (10) and as per unit of measurement as
specified in the corresponding entry in column (9), of the said Table, namely
:-
|
Table |
|||||||||
|
Sl.No |
Chapter |
Description of goods |
Country of Origin |
Country of Export |
Producer |
Exporter |
Amount |
Unit of Measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1. |
8471, 8473, 8504, 8517,
8519, 8523, 8524, 8538, 8542 or 8543 |
USB Flash Drives |
People’s
Republic of China |
People’s
Republic of China |
Any |
Any |
3.12 |
Piece |
USD |
|
2. |
8471, 8473, 8504, 8517,
8519, 8523, 8524, 8538, 8542 or 8543 |
USB Flash Drives |
People’s
Republic of China |
Any country other thanPeople’s Republic of China |
Any |
Any |
3.12 |
Piece |
USD |
|
3. |
8471, 8473, 8504, 8517,
8519, 8523, 8524, 8538, 8542 or 8543 |
USB Flash Drives |
Any country other thanPeople’s Republic of China |
People’s
Republic of China |
Any |
Any |
3.12 |
Piece |
USD |
|
4. |
8471, 8473, 8504, 8517,
8519, 8523, 8524, 8538, 8542 or 8543 |
USB Flash Drives |
Chinese Taipei |
Chinese Taipei |
Any |
Any |
3.06 |
Piece |
USD |
|
5. |
8471, 8473, 8504, 8517,
8519, 8523, 8524, 8538, 8542 or 8543 |
USB Flash Drives |
Chinese Taipei |
Any country other than
Chinese Taipei |
Any |
Any |
3.06 |
Piece |
USD |
|
6. |
8471, 8473, 8504, 8517,
8519, 8523, 8524, 8538, 8542 or 8543 |
USB Flash Drives |
Any country other than
Chinese Taipei |
Chinese Taipei |
Any |
Any |
3.06 |
Piece |
USD |
Note: “USB Flash Drives” includes
products known in the market parlance by various other names such as pen drive,
keychain drives, key drives, USB sticks, flash sticks, jump sticks, USB keys or
memory keys.
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.354/82/2014-TRU]