Five More Years of Anti-dumping on Ductile Iron Pipes from China in Review

[Customs Notification No. 23 (ADD) dated 10^th October 2013]

Whereas, the designated authority, vide its notification No. 15/1006/2012-DGAD, dated the 7th September, 2012, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 7th September, 2012, had initiated a review in the matter of continuation of anti-dumping on imports of Ductile iron pipes (hereinafter referred to as the subject goods) falling under tariff items 7303 00 30 or 7303 00 90 of the First Schedule to the Customs Tariff Act 1975, (51 of 1975) (hereinafter referred to as the said Act), originating in, or exported from, People’s Republic of China (hereinafter referred to as the subject country), imposed vide notification of Government of India, in the Ministry of Finance (Department of Revenue), No. 103/2007-Customs, dated the 14th September, 2007, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R. No. 599 (E), dated the 14th September, 2007.

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject country up to and inclusive of the 12th of September, 2013 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 41/2012 –Customs (ADD) dated the 13th September, 2012, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R No. 685(E), dated the 13th September, 2012.

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from the subject country, the designated authority vide its final findings, No. 15/1006/2012-DGAD, dated the 4th September, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4th September, 2013, has come to the conclusion that –

(i) There is clear evidence that if the existing duties are allowed to be revoked, the volume of dumped and injurious exports of the subject goods from the subject country to India is likely to increase and likely to cause injury to the domestic industry. The volume of such dumped and injurious exports is significant considering the demand for the product under consideration in India;

(ii) there is every likelihood of dumping and consequential injury to the domestic industry from subject country, if the existing duties are allowed to be revoked.

and has recommended continued imposition of the anti-dumping duty against the subject goods, originating in, or exported from, the subject country;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said 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 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, falling against tariff items to the said Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4), and produced by the producers as specified in the corresponding entry in column (6), and exported from the countries specified in the corresponding entry in column (5) , by the exporters as specified in the corresponding entry in column (7) and, imported into India, an anti-dumping duty at a rate which is equal to the amount specified 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
Sl. No	Tariff Item	Description of goods	Country of origin	Country of export	Producer	Exporter	Amount	Unit of measure-ment	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1	7303 00 30 or 7303 00 90	D I Pipes	People’s Republic of China	People’s Republic of China	M/s Xinxing Ductile Iron Pipes Co. Ltd.	Any	127.40	MT	US$
2	-do-	-do-	People’s Republic of China	People’s Republic of China	Any other than above	Any	139.79	MT	US$
3	-do-	-do-	People’s Republic of China	Any other than subject country	Any	Any	139.79	MT	US$
4	-do-	-do-	Any other than subject country	People’s Republic of China	Any	Any	139.79	MT	US$

2. The anti-dumping duty imposed shall be levied 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 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 under 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. 354/3/2007/TRU (Pt-I)