CRT Picture Tubes from China, Korea, Malaysia
and Thai – Final Findings
Ntfn
50 Whereas, in the matter of
import of Cathode Ray Colour Television
Picture Tubes (hereinafter referred to as the
15.05.2009 subject goods), falling under
sub-heading 8540 11 of the First Schedule to the Customs Tariff Act, 1975 (51
of 1975)
originating in, or
exported from Malaysia, Thailand, China PR and Korea RP (hereinafter referred to
as the subject countries), the designated authority, in its preliminary
findings vide notification No. 14/8/2007-DGAD, dated the 7th May, 2008,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
7th May, 2008, had come to the conclusion that–
(a) the subject goods had been exported to India from the
subject countries below its normal value;
(b) the domestic industry had suffered material injury;
(c) the injury had been caused by the dumped imports from the
subject countries,
And
whereas, on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed provisional anti-dumping duty on the subject
goods vide notification No. 90/2008-Customs, dated the 24th July,
2008, published in Part II, Section 3, Sub-section (i)
of the Gazette of India, Extraordinary, vide number G.S.R. 556(E), dated the 24th July, 2008;
And
whereas, the designated authority, in its final findings vide notification No.
14/8/2007-DGAD, dated the 17th February, 2009, published in the Gazette of
India, Extraordinary, Part I, Section I, dated the 17th February, 2009, has
come to the conclusion that -
(a) Imports
originating in the subject country are taking place at dumped prices and the
same have caused material injury to the domestic industry;
(b) Decline
in market share of domestic industry as a consequence of increase in market
share of subject imports from the subject country prevented the domestic
industry from increasing their sales commensurate to growth in demand;
(c) Significant
price-undercutting and substantial increase in the volume of dumped imports
adversely affected the performance of the domestic industry in terms of
profits, cash flow, and return on investment;
(d) Significant
increase in volume of dumped imports from the subject country (both in absolute
terms as well as in relation to the share in demand) has resulted in
significant decline in market share of the domestic industry;
and has recommended to impose definitive
anti-dumping duties on all imports of the subject goods, originating in or
exported from the subject countries;
Now,
therefore, in exercise of the powers conferred by sub-sections (1) and (5) 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 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 (8),
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 which shall be
equal to the difference between the amount specified in the corresponding entry
in column (9) and the landed value, in the currency as specified in the
corresponding entry in column (11) and per unit of measurement as specified in
the corresponding entry in column (10) of the said Table.
Table
|
SNo |
Sub-
heading |
Description
of goods |
Country
of origin |
Country
of export |
Producer
|
Exporter
|
Specification
in inches |
Amount
|
Unit
|
Currency |
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
|
1 |
8540
11 |
Television
Picture Tubes |
Malaysia |
Malaysia |
Chungh wa
Picture Tubes (M) Sdn. Bhd |
Chungh wa
Picture Tubes (M) Sdn. Bhd |
14" |
21.77 |
per
piece |
USD |
|
|
2 |
8540
11 |
-do- |
Malaysia |
Malaysia |
Samsung
SDI (Malaysia) Berhad |
Samsung
SDI (Malaysia) Berhad |
14" |
20.88 |
per
piece |
USD |
|
|
3 |
8540
11 |
-do- |
Malaysia |
Malaysia |
Other
than combination in Serial No. 1 & 2 |
14" |
25.81 |
per
piece |
USD |
||
|
4 |
8540
11 |
-do- |
Malaysia |
Any
country other than Malaysia |
Any |
Any |
14" |
25.81 |
per
piece |
USD |
|
|
5 |
8540
11 |
-do- |
Any
country other than subject countries |
Malaysia |
Any |
Any |
14" |
25.81 |
per
piece |
USD |
|
|
6 |
8540
11 |
-do- |
Republic
of Korea |
Republic
of Korea |
LG
Philips Displays Korea Co Ltd (LPD) |
LG
Philips Displays Korea Co Ltd (LPD) |
14" |
31.75 |
Per
piece |
USD |
|
|
7 |
8540
11 |
-do- |
Republic
of Korea |
Republic
of Korea |
Other
than combination in Serial No. 6 |
14" |
31.75 |
per
piece |
USD |
||
|
8 |
8540
11 |
-do- |
Republic
of Korea |
Any
country other than Republic of Korea |
Any |
Any |
14" |
31.75 |
per
piece |
USD |
|
|
9 |
8540
11 |
-do- |
Any
country other than subject countries |
Republic
of Korea |
Any |
Any |
14" |
31.75 |
per
piece |
USD |
|
|
10 |
8540
11 |
-do- |
China |
China |
Irico Display Devices Co. Ltd. |
Irico Display Devices Co. Ltd. |
14" |
21.72 |
per
piece |
USD |
|
|
11 |
8540
11 |
-do- |
China |
China |
Shenzhen
Samsung SDI Co. Ltd. |
Shenzhen
SDI (Hong Kong). Ltd |
21" |
43.55 |
Per
piece |
USD |
|
|
12 |
8540
11 |
-do- |
China |
China |
Thompson
Guangdong Display Co. Ltd. (TGDC Guangdong Display Co. Ltd. |
Thompson
Guangdong Display Co. Ltd. (TGDC Guangdong Display Co. Ltd. |
21" |
45.26 |
per
piece |
USD |
|
|
13 |
8540
11 |
-do- |
China |
China |
Beijing
Matsushita Color CRT Co. Ltd. |
Beijing
Matsushita Color CRT Co. Ltd. |
14" |
21.46 |
per
piece |
USD |
|
|
14 |
8540
11 |
-do- |
China |
Singapore |
Beijing
Matsushita Color CRT Co. Ltd. |
Panasonic
Industrial Asia Pte Ltd. Singapore |
14" |
21.36 |
per
piece |
USD |
|
|
15 |
8540
11 |
-do- |
China |
China |
Other
than combination in Serial No. 10 to 14 |
14" |
28.88 |
per
piece |
USD |
||
|
16 |
8540
11 |
-do- |
China |
Any
Country Other than China |
Any |
Any |
14" |
28.88 |
per
piece |
USD |
|
|
17 |
8540
11 |
-do- |
Any
country other than subject countries |
China |
Any |
Any |
14" |
28.88 |
per
piece |
USD |
|
|
18 |
8540
11 |
-do- |
Thailand |
Thailand |
Any |
Any |
14" |
28.73 |
per
piece |
USD |
|
|
19 |
8540
11 |
-do- |
Thailand |
Any
country other than Thailand |
Any |
Any |
14" |
28.73 |
per
piece |
USD |
|
|
20 |
8540
11 |
-do- |
Any
country other than subject countries |
Thailand |
Any |
Any |
14" |
28.73 |
per
piece |
USD |
|
Explanation. - For the purposes of
this notification, -
(a) “television picture tubes” means complete or incomplete
thermionic, cold cathode
or photo cathode valves and tubes such as vacuum or vapor or gas filled valves and tubes, mercury arc rectifying
valves and tubes, also called cathode ray tubes, television camera tubes or cathode ray colour television picture tubes, or colour
television picture tubes,
or colour picture tubes etc. but does not include
video and computer monitor cathode ray tubes.
(b) if imports of bare tubes are reported, the
benchmark, that is, the amount specified in column (9) of the Table, would be reduced by an amount as specified, namely,
(i) US$ 2.75 for 14”, (ii) US $ 3.33 for 15”
(iii) US $ 4.13 for 20” (iv) US $ 3.84 for 21”.
(c) “landed value”
means the assessable value as determined under
the Customs Act, 1962 (52 of 1962) and includes all duties of customs except
duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff
Act.
(d) 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.
(e) the anti-dumping duty imposed under this
notification shall be levied with effect from the date of imposition of the
provisional anti-dumping duty, that is, 24th July, 2008, and shall
be payable in Indian currency.
[F. No: 354/87/2008- TRU]