Measuring Tapes from China – Final Findings

Ntfn 147       Whereas in the matter of import of
07.10.2003   steel and fibre glass tapes and their
                     parts and components (hereinafter referred to as “the subject goods”), falling under sub-heading 9017 80 10 and 8486 90 00 or 9017 90 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China (hereinafter referred to as “the subject country”), and imported into India, the designated authority vide its preliminary findings No. 14/31/2002-DGAD dated the 31st January, 2003 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st January, 2003-

And whereas, the designated authority, vide its final finding No. 14/31/2002-DGAD, dated the 1st September, 2003 published in the Gazette of India, Extraordinary, Part I, Section - I dated the 1st September, 2003 has come to the conclusion that –

(i)  Subject goods have been exported to India from the subject country below its normal value, resulting in dumping;

(ii) The India industry has suffered material injury;

(iii)        The injury has been caused by the dumped imports from the subject country, and

had recommended imposition of provisional anti-dumping duty, pending final determination, on all imports of steel and fibre glass tapes and their parts, originating in, or exported from, People’s Republic of China;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty vide notification of the Government of India in the erstwhile Ministry of Finance & Company Affairs (Department of Revenue) No. 65/2003-Customs, dated the 4th April, 2003, published in Part II, Section 3, sub-section (I) of the Gazette of India, Extraordinary, dated the 4th April, 2003 [G.S.R. 304 (E), dated the 4th April, 2003];

And whereas, the designated authority, vide its final finding No. 14/31/2002-DGAD, dated the 1st September, 2003 published in the Gazette of India, Extraordinary, Part I, Section - I dated the 1st September, 2003 has come to the conclusion that –

(i)  Subject goods have been exported to India from the subject country below its normal value, resulting in dumping;

(ii) The India industry has suffered material injury;

(iii)        The injury has been caused by the dumped imports from the subject country, and

The DA has considered it necessary to impose final anti-dumping duty on all imports of the subject goods, originating in, or exported from the subject country so as to remove injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-section (1) with of Section 9A of the said Customs Tariff Act, read with sub-section (5) thereof, and 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 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 sub-heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5), and exported from the countries as specified in the corresponding entry in column (6) and produced by the producer as specified in the corresponding entry in column (7) and exported by the exporters as specified in the corresponding entry in column (8) and imported into India, an anti-dumping duty at the rate equal to the difference between the amount as specified in the corresponding entry in column (9) and the landed value of the goods, in the currency as specified in the corresponding entry in column (11) as and per unit of measurement as specified in the corresponding entry in column (10), of the said Table.

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 4th April, 2003, and shall be paid in Indian currency.

3. This notification shall remain in force till the 3rd day of October, 2008, unless revoked earlier. [Inserted by 50/24.04.2008; substituted by 104/10.09.2008]

3. The anti-dumping duty imposed under this notification shall be effective up to and inclusive of the 3rd day of April, 2009. [Inserted by 104/10.09.2008]

Explanation - For the purposes of this notification, -

(a)   “landed value” shall be the assessable value as determined under the Customs Act, 1962 and includes all duties of customs except duties under sections 3, 3A 8B, 9 and 9A of the Customs Tariff Act, 1975;

(b)   the “rate of exchange” applicable for the purposes of calculation of the anti-dumping duty under this notification shall be the exchange rate specified in the notification issued from time to time, in exercise of powers conferred under sub-section (3) of section 14 of the Customs Act, 1962 and the relevant the 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.

Table

S No

Sub-heading

Description of goods

Specification

Country of origin

Country of Export

Products

Exporter

Amount

Unit of Measure-ment

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1

9017 80 10 or 8486 90 00 or 9017 90 00

Measuring Tape

Steel Tapes and parts and components thereof

People’s Republic of China

Any country

Any Producer

Any Exporter 

4.106

Kg

US$

2

9017 80 10 or 8486 90 00 or 9017 90 00

Measuring Tape

Steel Tapes and parts and components thereof

Any Country

People’s Republic of China

Any Producer

Any Exporter

4.106

Kg

US$

3

9017 80 10 or 8486 90 00 or 9017 90 00

Measuring Tape

Steel Tapes and parts and components thereof

People’s Republic of China

People’s Republic of China

Any Producer

Any Exporter

4.106

Kg

US$

4

9017 80 10 or 8486 90 00 or 9017 90 00

Measuring Tape

Fibreglass Tape and components parts thereof

Any Country

People’s Republic of China

Any Producer

Any Exporter

4.691

Kg

US$

5

9017 80 10 or 8486 90 00 or 9017 90 00

Measuring Tape

Fibreglass Tape and parts and components thereof

People’s Republic of China

Any Country

Any Producer

Any Exporter

4.691

Kg

US$

6

9017 80 10 or 8486 90 00 or 9017 90 00

Measuring Tape

Fibreglass Tape and parts and components thereof

People’s Republic of China

People’s Republic of China

Any Producer

Any Exporter

4.691

Kg

US$