Plastic Ophthalmic Lenses from China and Taipei – Final Findings

Ntfn 55 WHEREAS in the matter of import
19.04.2004 into India of plastic ophthalmic
(DoR) lenses falling under tariff item 9001
50 00 of the First Schedule to the Customs Tariff Act, 1975(51 of 1975) (hereinafter referred to as “the subject goods”), originating in, or exported from, People’s Republic of China and Chinese Taipei (hereinafter referred to as “the subject countries”), the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th August, 2003, had come to the conclusion that -

(a) plastic ophthalmic lenses in all forms originating in or exported from the subject countries had been exported to India below its normal value;

(b) the domestic industry had also suffered material injury by way of financial losses due to depressed net sales realization on account of price depression and suppression caused by low landed prices of the subject goods;

(c) the injury had been caused to the domestic industry both by volume and price effects of dumping of the subject goods on account of dumped imports of the subject goods originating in or exported from the subject countries; and

had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods, originating in, or exported from the subject countries;

AND WHEREAS on the basis of aforesaid findings of the designated authority, the Central Government had imposed anti-dumping duty, provisionally on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 139/2003-Customs, dated the 5th September, 2003 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 5th September, 2003 [G.S.R. 712 (E), dated the 5th September, 2003];

AND WHEREAS, the designated authority, vide its final findings No. 14/16/2002-DGAD, dated the 25th February, 2004, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 25th February, 2004, has come to the conclusion that-

(a) the subject goods originating in or exported from People’s Republic of China have been exported to India below normal value;

(b) the domestic industry has suffered material injury;

(c) the injury has been caused to the domestic industry both by volume and price effect of dumped imports originating in or exported from People’s Republic of China; and

has considered it necessary to impose definitive anti-dumping duty, on all imports of the subject goods from People’s Republic of China in order to remove the injury to the domestic industry accrued on account of dumping;

Now, therefore , in exercise of the powers conferred by sub-section (1) 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 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 tariff item 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), 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 producers 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 calculated as a percentage of cost, insurance and freight (CIF) export prices to India at the rate specified in the corresponding entry in column (9), 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 5th September, 2003, and shall be paid in Indian currency.

3. This notification shall be in force up to and inclusive of the 4^th day of September, 2009, unless revoked earlier. [Inserted by 103/04.09.2008]

Explanation- For the purposes of this notification, 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 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.

Table

SNo.	Tariff Item	Description of goods	Specification	Country of origin	Country of Export	Producer	Exporter	Rate of duty (%)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
1.	90015000	Corrective plastic ophthalmic lenses	Excluding plano coloured lenses	People’s Republic of China	Any country	Any Producer	Any Exporter	7.18%
2.	90015000	Corrective plastic ophthalmic lenses	Excluding plano coloured lenses	Any country	People’s Republic of China	Any Producer	Any Exporter	7.18%