Anti-dumping Duty on Float Glass from China Raised by $85/MT in Review

Indonesia Out of Net

[Customs Notification No. 47 dated 8^th September 2015]

Whereas, the designated authority, vide notification No. 15/24/2013-DGAD, dated the 3^rd January, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 3^rd January, 2014, had initiated a review in the matter of continuation of anti-dumping duty on imports of Float Glass of thickness 2 mm to 12 mm (both inclusive) of clear as well as tinted variety (other than green glass) but not including reflective glass, processed glass meant for decorative, industrial or automotive purposes (hereinafter referred to as the subject goods), falling under heading 7005 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the Peoples' Republic of China (in short 'China PR') and Indonesia (hereinafter referred to as the subject countries), imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 04/2009-Customs, dated the 6^th January, 2009, published in the Gazette of India, Part II, Section 3, Sub-section (i), vide number G.S.R. 14(E), dated the 6^th January, 2009, and had requested for extension of anti-dumping duty for an additional period of one year from the date of its expiry, in terms of sub-section (5) of section 9A of the said Customs Tariff Act, pending the completion of the review;

And whereas the Central Government had extended the anti-dumping duty imposed on the subject goods originating in, or exported from the subject countries vide notification No. 07/2014-Customs (ADD), dated the 23^rd January, 2014, published in the Gazette of India, Part II, Section 3, Sub-section (i), vide number G.S.R. 49(E), dated the 23^rd January, 2014 up to and inclusive of 5^th January, 2015;

And whereas the designated authority vide notification No. 15/24/2013-DGAD, dated the 2^nd July, 2015, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 2^nd July 2015 has concluded that –

a) the subject goods have continued to enter the Indian market from China PR at prices less than their normal values and the dumping margin is substantial and above de minimis. However, there has been insignificant imports from Indonesia though the dumping margin is positive and above de minimis;

b) the domestic industry has suffered material injury due to the presence of dumped imports from several countries, including the subject countries, during the injury investigation period;

c) the goods are likely to be exported from China PR at dumped prices in the event of cessation of anti-dumping duty and dumping is likely to continue from China PR. However, in view of insignificant imports during the injury investigation period and in the absence of credible evidence supporting likelihood of recurrence of dumping from Indonesia the DA concludes that there is no imminent likelihood of recurrence of dumping from Indonesia; and

d) injury to the domestic industry is likely to continue in the event of cessation of anti-dumping duty on imports of subject goods from China PR because of continuation of dumped imports from that country,

and has recommended continuation of anti-dumping duty on imports of subject goods originating in, or exported from, China PR;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) 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 findings of the designated authority, hereby imposes on the 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), exported from the country specified in the corresponding entry in column (5), produced by the producer specified in the corresponding entry in column (6) and exported by the exporter specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry 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.

Table
S. No.	Heading	Description of Goods	Countries of origin	Countries of Export	Producer	Exporter	Duty amount	Unit of Measure-ment	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1	7005	Float Glass	China PR	China PR	Any	Any	218	MT	United States Dollar
2	7005	Float Glass	China PR	Any	Any	Any	218	MT	United States Dollar
3	7005	Float Glass	Any, other than countries attracting anti-dumping duty	China PR	Any	Any	218	MT	United States Dollar

Note 1: “Float Glass means Float Glass of thickness 2 mm to 12 mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including reflective glass, processed glass meant for decorative, industrial or automotive purposes.

Note 2: In case of goods originating from countries against which antidumping duties are in force, antidumping duty applicable under those notifications shall apply.

The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, amended or superseded earlier) from the date of publication of this notification in the Gazette of India 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, under section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for 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/ 211/2002-TRU] (Pt.-II)