Stainless Steel Coils and Plates from China, Malaysia slapped with Final Dumping Duty of $309/MT and $316/Mt, Korea Hit with $180/MT

[Customs Notification No. 28 (ADD) dated 5^th June 2015]

Whereas, in the matter of “Hot Rolled Flat Products of Stainless Steel of ASTM Grade 304 with all its variants as per the detailed description hereunder” (hereinafter referred to as the subject goods), falling under headings 7219 or 7220 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in, or exported from People’s Republic of China, the Republic of Korea and Malaysia (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 14/30/2013-DGAD, dated the 9th March, 2015, as amended by notification number 14/30/2013-DGAD, dated the 19th May, 2015 had come to the conclusion that –

(a) the subject goods have been exported to India from the subject countries below its associated normal value, thus, resulting in dumping of the product;

(b) the dumping margins of the subject goods imported from the subject countries are substantial and above de-minimis level;

(c) the domestic industry has suffered material injury and the injury has been caused to the domestic industry, both by the volume and price effect of dumped imports of the subject goods originating in or exported from the subject countries;

And whereas, the designated authority in its aforesaid final findings, has recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in or exported from 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 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 as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (5), exported from the countries as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and as per unit of measurement as specified in the corresponding entry in column (10) of the said Table, namely:-

Table
S No	Heading	Description of goods	Specification	Country of origin	Country of export	Producer	Exporter	Duty Amount	Unit of measurement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1	7219 or 7220	As per the description given in Note below the Table	Width upto and inclusive of 1250 MM	People’s Republic of China	People’s Republic of China	Any	Any	309	MT	US Dollar
2	7219 or 7220	-Do-	-Do-	People’s Republic of China	Any country other than People’s Republic of China	Any	Any	309	MT	US Dollar
3	7219 or 7220	-Do-	-Do-	Any country, other than the subject countries and the countries attracting anti-dumping duty under any other notification	People’s Republic of China	Any	Any	309	MT	US Dollar
4	7219 or 7220	-Do-	-Do-	Malaysia	Malaysia	Any	Any	316	MT	US Dollar
5	7219 or 7220	-Do-	-Do-	Malaysia	Any country other than Malaysia	Any	Any	316	MT	US Dollar
6.	7219 or 7220	-Do-	-Do-	Any country, other than the subject countries and the countries attracting anti-dumping duty under any other notification	Malaysia	Any	Any	316	MT	US Dollar
7	7219 or 7220	-Do-	-Do-	Korea RP	Korea RP	Any	Any	180	MT	US Dollar
8	7219 or 7220	-Do-	-Do-	Korea RP	Any country, other than Korea RP	Any	Any	180	MT	US Dollar
9	7219 or 7220	-Do-	-Do-	Any country, other than the subject countries and the countries attracting anti-dumping duty under any other notification	Korea RP	Any	Any	180	MT	US Dollar
10	7219 or 7220	As per the description given in Note below the Table	Width above 1250 MM and upto 1650 MM	People’s Republic of China	People’s Republic of China	Any	Any	309	MT	US Dollar
11	7219 or 7220	-Do-	-Do-	People’s Republic of China	Any country other than People’s Republic of China	Any	Any	309	MT	US Dollar
12	7219 or 7220	-Do-	-Do-	Any country, other than the subject countries	People’s Republic of China	Any	Any	309	MT	US Dollar
13	7219 or 7220	-Do-	-Do-	Malaysia	Malaysia	Any	Any	316	MT	US Dollar
14	7219 or 7220	-Do-	-Do-	Malaysia	Any country other than Malaysia	Any	Any	316	MT	US Dollar
15	7219 or 7220	-Do-	-Do-	Any country, other than the subject countries	Malaysia	Any	Any	316	MT	US Dollar
16	7219 or 7220	-Do-	-Do-	Korea RP	Korea RP	Any	Any	180	MT	US Dollar
17	7219 or 7220	-Do-	-Do-	Korea RP	Any country, other than Korea RP	Any	Any	180	MT	US Dollar
18	7219 or 7220	-Do-	-Do-	Any country, other than the subject countries	Korea RP	Any	Any	180	MT	US Dollar

Note: Hot Rolled austenitic stainless steel flat products; whether or not plates, sheets or coils (hot rolled Annealed and pickled or Black) of rectangular shape; of grade either ASTM 304 or 304H or 304L or 304N or 304LN or EN 1.4311, EN 1.4301, EN1.4307 or X5CRNI1810 or X04Cr19Ni9, or equivalents thereof in any other standards such as UNS, DIN, JIS, BIS, EN, etc.; whether or not with number one or Black finish; whether or not of quality prime or non-prime; whether or not of edge condition with mill edge or trim edge; of thickness in the range of 1.2mm to 10.5mm in Coils and 3mm to 105mm in Plates and Sheets; of all widths up to 1650 mm (width tolerance of +20mm for mill edge and +5mm for trim edge).

Explanation 1: Where there is overlapping of anti-dumping duty on the subject goods with respect to a subject country in different customs notifications, the duty applicable to that subject country shall be the one imposed under the customs notification in which the said country has been specifically mentioned under the column “Country of Origin”.

Explanation 2: Notwithstanding the Explanation 1 above, in the case of imports of subject goods from Korea RP, the anti-dumping duty recommended in the above Table will be applicable.

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.354/62/2015-TRU]