Anti-dumping Duty on Stainless Steel Flats from China, Korea, EU, South Africa and Others to Continue for Another Five Years

[Ref: Notification No. 61/2015-Customs (ADD) dated 11 December 2015]

Whereas, the designated authority, vide notification No. 15/04/2014-DGAD, dated the 17th April, 2014,  published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of import of Cold Rolled Flat Products of Stainless Steel, (hereinafter referred to as the subject goods), falling under heading 7219 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act) and originating in, or exported from the People's Republic of China, Korea, European Union, South Africa, Taiwan (Chinese Taipei), Thailand and United States of America (USA) ( hereinafter referred to as the subject countries / territories), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 14/2010-CUSTOMS, dated the 20th February, 2010, published in the Gazette of India, Extraordinary,  Part II, Section 3, Sub-section (i), vide number G.S.R. 95(E), dated the 20th February, 2010;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject countries / territories upto and inclusive of the 21st April, 2015, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 20/2014-Customs (ADD), dated the 12th May, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R 337(E), dated the 12th May, 2014;

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 / territories, the designated authority in its final findings, published vide notification No. 15/04/2014-DGAD, dated the 12th October, 2015, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that -

(i) there is continued dumping of the subject goods from the subject countries/territories though the volume of imports has declined after imposition of duties;

(ii) the performance of the domestic industry has deteriorated in the current injury period due to the impact of the dumped imports from the subject country and diversion of imports to product ranges outside the scope of the product under consideration;

(iii) the dumping is likely to continue and the performance of the domestic industry is likely to deteriorate, should the present anti-dumping duty is revoked,

and has recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported, from the subject countries / territories;

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 subject goods, the description of which is specified in column (3) of the Table below, the specification of which is specified in column (4), falling under tariff heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2),  originating in the countries/territories as specified in the corresponding entry in column (5), exported from the countries/territories 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 to be worked out as percentage of the landed value  of imports of the subject goods as specified in the corresponding entry in column (9) of the said Table, namely:-

Table
Sl. No.	Tariff heading	Description of goods	Specification	Countries/Territories of origin	Countries/ Territories of export	Producer	Exporter	% of landed value
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
1	7219	Cold-rolled Flat  products of stainless steel	All Grades, All Series except the exclusions as per Note below	People’s Republic of China	Any	Any	Any	57.39%
2	-Do-	-Do-	-Do-	Any country other than the subject countries/territories	People’s Republic of China	Any	Any	57.39%
3	-Do-	-Do-	-Do-	Korea RP	Korea RP	POSCO	1. Hyundai Corporation 2. Daewoo International Corporation	5.39%
4	-Do-	-Do-	-Do-	Korea RP	Korea RP	Any combination other than above combination		13.44%
5	-Do-	-Do-	-Do-	Korea RP	Any	Any	Any	13.44%
6	-Do-	-Do-	-Do-	Any country other than the subject countries/territories	Korea RP	Any	Any	13.44%
7	-Do-	-Do-	-Do-	Chinese Taipei	Any	Any	Any	15.93%
8	-Do-	-Do-	-Do-	Any country other than the subject countries/territories	Chinese Taipei	Any	Any	15.93%
9	-Do-	-Do-	-Do-	South Africa	South Africa	Columbus Stainless (Pty) Ltd	Columbus Stainless (Pty) Ltd	12.34%
10	-Do-	-Do-	-Do-	South Africa	South Africa	Any combination other than above combination		36.91%
11	-Do-	-Do-	-Do-	South Africa	Any	Any	Any	36.91%
12	-Do-	-Do-	-Do-	Any country other than subject countries/territories	South Africa	Any	Any	36.91%
13	-Do-	-Do-	-Do-	Thailand	Thailand	POSCO Thainox	1. POSCO Thainox 2. Hyundai Corporation	4.58%
14	-Do-	-Do-	-Do-	Thailand	Thailand	Any combination other than above combination		5.39%
15	-Do-	-Do-	-Do-	Thailand	Any	Any	Any	5.39%
16	-Do-	-Do-	-Do-	Any country other than the subject countries/territories	Thailand	Any	Any	5.39%
17	-Do-	-Do-	-Do-	USA	Any	Any	Any	9.47%
18	-Do-	-Do-	-Do-	Any country other than the subject countries/territories	USA	Any	Any	9.47%
19	-Do-	-Do-	-Do-	European Union	European Union	Acerinox Europa SAU, Spain	Acerinox Europa SAU, Spain	29.41%
20	-Do-	-Do-	-Do-	European Union	European Union	Any combination other than the above combination		52.56%
21	-Do-	-Do-	-Do-	European Union	Any	Any	Any	52.56%
22	-Do-	-Do-	-Do-	Any country other than the subject countries/territories	European Union	Any	Any	52.56%

Note

The subject goods include cold-rolled Flat products of stainless steel of width of 600 mm upto 1250 mm of all series not further worked than Cold rolled (cold reduced) with a thickness of up to 4 mm (width tolerance of +30 mm for Mill Edged and +4 mm for Trimmed Edged), excluding the following:

(i) the subject goods of width beyond 1250 mm (plus tolerances);

(ii) Grades AISI 420 high carbon, 443, 441, EN 1.4835, 1.4547, 1.4539, 1.4438, 1.4318, 1.4833 and EN 1.4509;

(iii) product supplied under Indian Patent No. 223848 in respect of goods comprising Low Nickel containing Chromium-Nickel Manganese-Copper Austenitic Stainless steel and representing Grades YU 1 and YU 4, produced and supplied by M/s Yieh United Steel Corp (Yusco) of Chinese Taipei (Taiwan).

2 The anti-dumping duty imposed under this notification 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, "Landed Value" shall be the  assessable value as determined under the Customs Act 1962 (52 of 1962)  and all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the Customs Tariff Act.

[F. No. 354/87/2009-TRU(Pt.-III)]