Another Five Years of Anti-dumping Duty on Opal Glassware from China and UAE

· Duty Imposed on Value Basis in Final Findings

[Customs Notification No. 103 dated 23^rd November 2011]

Whereas in the matter of imports of Opal Glassware (hereinafter referred to as the subject goods), falling under heading 7013 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred as the said Customs Tariff Act), originating in, or exported from, People’s Republic of China and UAE (hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No.14/24/2010-DGAD, dated the 27^th June, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27^th June, 2011, had come to the conclusion that-

(i) the product under consideration had been exported to India from the subject countries below normal values;

(ii) the domestic industry had suffered material injury on account of subject imports from subject countries;

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

(iv) the injury had been caused cumulatively by the imports from the subject countries,

and 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 preliminary findings of the designated authority, the Central Government had imposed provisional anti-dumping duty, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 72/2011-Customs, dated the 9th August, 2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 610(E), dated the 9th August, 2011;

and whereas the designated authority vide its final findings vide notification No. 14/24/2010-DGAD,dated 25^th August ,2011,published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th August ,2011 had come to the conclusion that –

(i) the product under consideration had been exported to India from the subject countries below normal value;

(ii) the domestic industry had suffered material injury on account of subject imports from subject countries;

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

(iv) the injury had been caused cumulatively by the imports from the subject countries,

and had recommended imposition of definitive anti-dumping duty on all imports of subject goods from the subject country in order to remove the injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said 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, on the basis of 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 said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country specified in the corresponding entry in column (4), and produced by the producer specified in the corresponding entry in column (5) and exported by the exporter specified in the corresponding entry in column (6), and imported into India, an anti-dumping duty at the rate to be worked out as percentage of the CIF value of imports of the subject goods as specified in the corresponding entry in column (7) of the said Table.

Table
(1)	(2)	(3)	(4)	(5)	(6)		(7)
SN	Tariff Head	Description Of goods	Country	Producer	Exporter		Rate of duty (%)
1	7013	Opal Glassware	China PR	M/s Wenzhou Huishunda Industrial Trade Co. Ltd.	M/s Wenzhou Huishunda Industrial Trade Co. Ltd.		41.61
2	7013	Opal Glassware	China PR	Any other combination of producer/exporter			110.17
3	7013	Opal Glassware	UAE	Any producer		Any exporter	36.73

Note.- For the purposes of this notification, “CIF value” means the assessable value as determined under section 14 of the Customs Act, 1962 (52 of 1962).

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 imposition of the provisional anti-dumping duty, that is, the 9^th August, 2011 and shall be payable in Indian currency.

[F.No. 354/188/2011-TRU] (Pt.1)