Clear Float Glass 4mm to 12mm from Pakistan, Saudi Arabia and UAE to Continue under ADD for Next Five Years in Review – No Changes in Duty

[Notification No. 45/2019-Customs (ADD) dated 10 December 2019]

Seeks to impose anti-dumping duty on imports of Clear float glass originating in or exported from Pakistan, Saudi Arabia and UAE in pursuance of Final findings of Designated Authority in sunset review of notification No. 48/2014-Customs (ADD) dated 11.12.2014.

G.S.R…. (E). - Whereas, the designated authority, vide notification No. No. 7/3/2019-DGTR, dated the 1st May, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st May, 2019, had initiated the review in term of sub-section (5) of section 9 A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on imports of ‘Clear Float Glass’ (hereinafter referred to as the subject goods), falling under headings 7003, 7004, 7005, 7009, 7013, 7015, 7016, 7018, 7019, 7020 of the First Schedule to the Customs Tariff Act, originating in or exported from Pakistan, Saudi Arabia and UAE (hereinafter referred to as the subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 48/2014-Customs (ADD), dated the 11th December 2014, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 885 (E), dated the 11th December 2014;

And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, the Designated Authority in its final findings, published vide notification No. 7/3/2019-DGAD, dated the 7th November 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th November 2019, has come to the conclusion that-

(i) the product under consideration has been imported to India from the subject countries below its associated normal value, thus, resulting in dumping of the product;

(ii) the domestic industry has suffered continued injury on account of dumped imports from the subject countries;

(iii) the information on record shows likelihood of continuation of dumping and injury in case the anti- dumping duty in force is allowed to cease at this stage; and

(iv) examination of the information on record as well as the submissions made by various parties indicate that the imports from the subject countries continue to injure the Indian domestic industry.

(v) there is sufficient evidence to indicate that the revocation of the anti-dumping duties as this stage will lead to continuation of dumping and injury to the domestic industry,

and has recommended the imposition of definitive anti-dumping duty on the imports of subject goods, originating in or exported from the 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, 20 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, and in supersession of the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 48/2014-Customs (ADD), dated the 11th December 2014, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 885 (E), dated the 11th December 2014, 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 headings 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), an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (7), in the currency as specified in the corresponding entry in column (9), and per unit of measurement as specified in the corresponding entry in column (8) of the said Table, namely:-

TABLE

Sl. No.	Heading	Description of goods	Country of origin	Country of exports	Producer	Amount	Unit of measure- ment	Currency
1	2	3	4	5	6	7	8	9
1	7003, 7004, 7005, 7009, 7013, 7015, 7016, 7018, 7019, 7020	Clear Float Glass of nominal thicknesses ranging from 4 mm to 12 mm (both inclusive), the nominal thickness being as per BIS14900:2000	Saudi Arabia	Saudi Arabia	Any	165.07	Metric Tonne	United States Dollar
2	-do-	-do-	Saudi Arabia	Any country, other than subject countries	Any	165.07	Metric Tonne	United States Dollar
3	-do-	-do-	Any country, other than subject countries	Saudi Arabia	Any	165.07	Metric Tonne	United States Dollar
4	-do-	-do-	United Arab Emirates (UAE)	United Arab Emirates (UAE)	Emirates Float Glass, LLC	79.00	Metric Tonne	United States Dollar
5	-do-	-do-	United Arab Emirates (UAE)	United Arab Emirates (UAE)	Any other than at Sl. No. 4 above	111.15	Metric Tonne	United States Dollar
6	-do-	-do-	United Arab Emirates (UAE)	Any country, other than subject countries	Any	111.15	Metric Tonne	United States Dollar
8	-do-	-do-	Any country, other than subject countries	United Arab Emirates (UAE)	Any	111.15	Metric Tonne	United States Dollar
9	-do-	-do-	Pakistan	Pakistan	Ghani Glass Limited,	82.34	Metric Tonne	United States Dollar
10	-do-	-do-	Pakistan	Pakistan	Tariq Glass Industries Limited	25.59	Metric Tonne	United States Dollar
11	-do-	-do-	Pakistan	Pakistan	Any other than at Sl. No. 9 and 10 above	123.61	Metric Tonne	United States Dollar
12	-do-	-do-	Pakistan	Any country, other than subject countries	Any	123.61	Metric Tonne	United States Dollar
13	-do-	-do-	Any country, other than subject countries	Pakistan	Any	123.61	Metric Tonne	United States Dollar

Note 1: Reflective Glass and Tinted glass including green glass and transition glass are not included in the “Description of goods” in the Duty Table above.

Note 2: The anti-dumping duty imposed 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 payable 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 Act.

[F. No. 354/185/2019 –TRU)]