Anti-dumping
Duty on Huawei and others on SDH Transmission Equipments
from China and Israel to Continue for Another Five Years
· Duty Slashed on Review
· ECI Telecom Israel Exempted
[Customs Notification
No. 15 (ADD) dated 26th April 2016]
Whereas, the designated authority, vide notification
No. 15/20/2014-DGAD, dated the 6th December, 2014, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 6th December, 2014, had
initiated a review in the matter of continuation of anti-dumping duty on
imports of Synchronous Digital Hierarchy Transmission Equipment (hereinafter
referred to as the subject goods), falling under sub-headings 8517 62 or8517
70 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 People’s Republic of China and Israel (hereinafter referred to
as subject countries), imposed vide notification of the Government of
India in the Ministry of Finance (Department of Revenue), No. 125/2010-
Customs, dated the 16th December, 2010, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i)
vide number G.S.R.981(E), dated the 16th December, 2010; 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 7th December, 2015, vide notification of the
Government of India, in the Ministry of Finance (Department of Revenue)
No.01/2015-Customs(ADD), dated the 5th January, 2015, published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i)
vide number G.S.R 8(E), dated the 5th January, 2015;
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. 15/20/2014-DGAD, dated the 5th February, 2016,
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th
February, 2016 has come to the conclusion that-
(i) As far as
Huawei China, ZTE Corporation Ltd, China, Alcatel-Lucent Shanghai Bell Co.
Ltd., China are concerned, there is continued dumping of the subject goods from
these companies in the period of investigation. Dumped imports were causing
injury to the domestic industry in the period of investigation;
(ii) As far as HETC, China is concerned,
there is negligible dumping in the period of investigation (POI) and in this
behalf, the Authority has, therefore, examined the post POI exports to India as
well as third countries and found that the same were un-dumped. Therefore,
there was no likelihood of dumping;
(iii) As far as ECI Telecom, Israel is
concerned, the exports of the subject goods to India in the POI and to India as
well as third countries in the post-POI were not at dumped prices and thus
there is no likelihood of dumped imports from ECI Telecom, Israel if the duty
is revoked;
and has recommended imposition of the definitive
anti-dumping duty on the subject goods, originating in or exported from the
subject countries.
Now, therefore, in exercise of the powers
conferred by sub-section (1), read with subsection (5) of section
9A of the said 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, 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 sub- heading of the First Schedule to the
said 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), and produced by the producers as specified in the corresponding
entry in column (6), when exported from the countries as specified in the
corresponding entry in column (5), by the exporters as specified in the
corresponding entry in column (7), and imported into India, an anti-dumping
duty at the rate equal to the amount as specified in the corresponding entry in
column (8), and as per unit of measurement as specified in the corresponding
entry in column (9), of the said Table
|
Table |
||||||||
|
S. No |
Heading/sub-heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Duty amount |
Unit |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
|
1. |
8517 62 or 8517 70 |
Synchronous Digital Hierarchy transmission equipment
as specified in Notes 1 to 5 below |
People’s Republic of China |
People’s Republic of China |
M/s ZTE Corporat ion
Ltd. |
M/s ZTE Corporation Ltd. |
48.42 |
% of CIF value of imports |
|
2. |
Do |
Do |
People’s Republic of China |
People’s Republic of China |
M/s Alcatel-Lucent Shanghai Bell Co. Ltd |
M/s Alcatel-Lucent Shanghai Bell Co. Ltd |
54.09 |
Do |
|
3. |
Do |
Do |
People’s Republic of China |
People’s Republic of China |
M/s Huawei Technologies Co. Ltd |
M/s Huawei Technologies Co. Ltd., China PR or
Huawei Tech Investment Co., Ltd., Hong Kong or Huawei International Pte Ltd.,
Singapore |
37.73 |
Do |
|
4. |
Do |
Do |
People’s Republic of China |
People’s Republic of China |
Hangzhou ECI Telecom munication
Co. Ltd |
M/s ECI Telecom Ltd., Israel |
Nil |
Do |
|
5. |
Do |
Do |
People’s Republic of China |
People’s Republic of China |
Any other than Sl.No.
1,2,3 and 4 above |
Any |
86.59 |
Do |
|
6. |
Do |
Do |
People’s Republic of China |
Any country other than People’s Republic of China |
Any |
Any |
86.59 |
Do |
|
7. |
Do |
Do |
Any |
People’s Republic of China |
Any |
Any |
86.59 |
Do |
|
8. |
Do |
Do |
Israel |
Israel |
M/s ECI Telecom Ltd. |
M/s ECI Telecom Ltd. |
Nil |
Do |
|
9. |
Do |
Do |
Israel |
Israel |
Any other than Sl.No. 8
Above |
Any |
9.42 |
Do |
|
10. |
Do |
Do |
Israel |
Any Country other than People’s Republic of
China or Israel |
Any |
Any |
9.42 |
Do |
|
11. |
Do |
Do |
Any country other than People’s Republic of China |
Israel |
Any |
Any |
9.42 |
Do |
Note 1: The product under consideration (PUC)
will include “Synchronous Digital Hierarchy transmission equipment, viz., STM-1,
STM-4, STM-16, STM-64, STM-256, in assembled, CKD, SKD form, its assemblies and
sub-assemblies or fitted with eventual broadband or cellular equipment. PUC
will also include Add Drop Multiplexers (ADM) (For SDH application only),
Multiple Add Drop Multiplexers (MADM) (For SDH application only), and Digital
Cross Connect (DXC) (For SDH application only), Populated Circuit Boards (For
SDH application Only) and parts / components imported as a part of equipment,
so long they are imported along with the equipment or its assemblies or
subassemblies. The PUC will also include software meant for SDH, which is an
integral part of these equipments, which may be
bought either as a part of the equipment or separately. However components or
parts imported on a standalone basis are outside the purview of PUC.
Note 2: SDH Equipment essentially transmits
signals through the medium of optical fibre. There may be SDH equipment meant
for transmission through electrical copper medium or microwave radio medium.
The SDH equipment transmitting the data through optical fibre alone shall be
subject to levy of anti-dumping duty.
Note 3: When SDH is imported as a part of
eventual broadband or cellular equipment, the AD Duty shall be payable only on
the SDH portion of the imports. Similarly, when eventual broadband or cellular
equipment is imported as a part of the SDH equipment, the antidumping duty
shall be payable only on the SDH portion of the imports.
Note 4: PDH, CWDM, DWDM, Microwave systems,
GPON, DSLAM, MSAN, BITS, routers, PDSN, SGSN, MGW, BTS, BSC, MSC, ONT, HLR, HSS
and MRP being non-SDH in any of its form are outside the scope of PUC and,
therefore, not subject to levy of antidumping duty.
Note 5: Microwave radio terminals which could
have an STM-1 interface to the SDH transmission equipment and act as a physical
media to enable the connectivity between the radio and the SDH equipment are
outside the purview of payment of anti-dumping duty.
2. The anti-dumping duty imposed under this
notification shall be effective for a period of five years 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.354/204/2009-TRU (Pt.-I)]