TMT Bars and Rods from China – Anti-dumping Duty Hiked in Final Findings

· Minmetals Specially Targetted

[Ref: Notification No. 48 /2017-Customs (ADD) dated 9 October 2017]

Whereas, in the matter of “Wire Rod of Alloy or Non-Alloy Steel” (hereinafter referred to as the ‘subject goods’), falling under headings 7213 or 7227 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 (hereinafter referred to as the ‘subject country’), and imported into India, the designated authority in its preliminary findings published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification number 14/17/2016-DGAD dated the 27^th September, 2016, had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from the subject countries;

And, whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 51/2016-Customs (ADD) dated the 2nd November, 2016 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 1039 (E), dated the 2nd November, 2016;

And, whereas, the designated authority in its final findings vide notification No.14/17/2016-DGAD dated, the 30th August, 2017 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th August, 2017, has come to the conclusion that-

(i) the subject goods have been exported to India from the subject country below its normal value, resulting in dumping;

(ii) the domestic industry has suffered material injury due to dumping of the subject goods from the subject country;

(iii) the material injury has been caused by the dumped imports of subject goods from the subject countries,

and has recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from subject country 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, 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 (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), imported into India, an anti-dumping duty at a rate which is equivalent to difference between the landed value of the subject goods and the amount mentioned in the corresponding entry in column (8), provided the landed value is less than the value specified 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
S.No.	Heading/ Sub heading	Description of goods	Country of origin	Country of export	Producer	Exporter	Amount	Unit	Currency
1	2	3	4	5	6	7	8	9	10
1.	7213 or 7227	Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel or alloy steel, excluding (i) bars and rods containing indentations, ribs, grooves or other deformations produced during the rolling process falling under tariff item 72131090 (commonly known as rebars or TMT bars), (ii) bars and rods of stainless steel falling under tariff heading 7221 and (iii) bars and rods of high speed steel falling under tariff heading 72271000.	China PR	China PR	Minmetals Yingkou Medium Plate Co., Ltd.	Minmeta ls Yingkou Medium Plate Co., td.	535	MT	US$
2.	- do -	- do -	China PR	China PR	Any combination other than at S. No.1		546	MT	US$
3.	- do -	- do -	China PR	Any country other than China PR	Any	Any	546	MT	US$
4.	- do -	- do -	Any country other than China PR	China PR	Any	Any	546	MT	US$

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 imposition of anti-dumping duty, that is, the 2nd November, 2016 and shall be payable in Indian currency:

Provided that the said anti-dumping, duty shall not be levied for the period commencing from the date of the lapse of the provisional anti-dumping duty, that is, the 2^nd May, 2017 up to the preceding day of the publication of this notification in the Official Gazette.

Explanation. - For the purposes of this notification, -

(a) “landed value” of imports for the purpose of this notification means the assessable value as determined by the customs under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the Customs Tariff Act, 1975;

(b) rate of exchange applicable for the purpose 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, 1962.

[F. No. 354/177/2016-TRU]