DVD-R and DVD-RW from
China, Hong Kong and Taiwan – Another Five Years of Anti-dumping Duty in Review
but Duty Slashed to 36.67 cents per Piece
[Customs
Notification No. 45 (ADD) dated 21st November 2014]
Whereas,
the designated authority, vide notification No. 15/10/2013- DGAD, dated the
18th July, 2013, published in the Gazette of India, Extraordinary, Part I,
Section 1, had initiated a review in the matter of continuation of anti-dumping
duty on imports of Digital Versatile Discs-Recordable (DVD-R and DVD-RW)
(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), originating in or exported from the
People’s Republic of China, Hong Kong and Chinese Taipei (hereinafter referred
to as the subject countries), imposed vide notification of the Government of
India, in the Ministry of Finance (Department of Revenue), No. 8/2009-Customs,
dated the 22nd January, 2009, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 47(E), dated the 22nd
January, 2009;
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 22nd July, 2014 vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue),
No. 19/2013-Customs (ADD), dated the 29th August, 2013, published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number
G.S.R 581(E), dated the 29th August, 2013;
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.
15/10/2013-DGAD, dated the 14th October, 2014, in Part I, Section 1 of the
Gazette of India, Extraordinary, has come to the conclusion that-
(i) there is likelihood of recurrence of dumping of Digital
Versatile Discs-Recordable of DVD-R and DVD+R kinds from the subject countries
in the event of withdrawal of duty;
(ii) the domestic industry is likely to continue to suffer
material injury ;
(iii) injury is likely to intensify if anti-dumping duty is
withdrawn,
and
has recommended imposition of the anti-dumping duty on the Digital Versatile
Discs Recordable of DVD-R and DVD+R kinds, originating in or exported from the
subject countries.
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 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 goods, the description of which is specified
in column (3) of the Table below, specification of which is mentioned 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 |
||||||||||
|
SNo. |
Heading |
Description of goods |
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1. |
8523 |
Digital Versatile Discs
Recordable |
DVD-R and DVD+R |
People’s Republic of
China |
People’s Republic of
China |
Any |
Any |
36.67 |
Per 1000 pieces |
US Dollar |
|
2. |
8523 |
Digital Versatile Discs
Recordable |
DVD-R and DVD+R |
People’s Republic of
China |
Any country other than
People’s Republic of China |
Any |
Any |
36.67 |
Per 1000 pieces |
US Dollar |
|
3. |
8523 |
Digital Versatile Discs
Recordable |
DVD-R and DVD+R |
Any country other than
subject counties |
People’s Republic of
China |
Any |
Any |
36.67 |
Per 1000 pieces |
US Dollar |
|
4. |
8523 |
Digital Versatile Discs
Recordable |
DVD-R and DVD+R |
Hong Kong |
Hong Kong |
Any |
Any |
36.67 |
Per 1000 pieces |
US Dollar |
|
5. |
8523 |
Digital Versatile Discs
Recordable |
DVD-R and DVD+R |
Hong Kong |
Any country other than
Hong Kong |
Any |
Any |
36.67 |
Per 1000 pieces |
US Dollar |
|
6. |
8523 |
Digital Versatile Discs
Recordable |
DVD-R and DVD+R |
Any country other than subject
counties |
Hong Kong |
Any |
Any |
36.67 |
Per 1000 pieces |
US Dollar |
|
7. |
8523 |
Digital Versatile Discs
Recordable |
DVD-R and DVD+R |
Chinese Taipei |
Chinese Taipei |
Any |
Any |
22.39 |
Per 1000 pieces |
US Dollar |
|
8. |
8523 |
Digital Versatile Discs
Recordable |
DVD-R and DVD+R |
Chinese Taipei |
Any country other than
Chinese Taipei |
Any |
Any |
22.39 |
Per 1000 pieces |
US Dollar |
|
9. |
8523 |
Digital Versatile Discs
Recordable |
DVD-R and DVD+R |
Any country other than subject
counties |
Chinese Taipei |
Any |
Any |
22.39 |
Per 1000 pieces |
US Dollar |
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. 354/111/2008-TRU (Pt.-I)]