Compact Discs-Recordable
from China, Hong Kong and Others – Final Findings
Ntfn 78 Whereas,
in the matter of import of
29.06.2007 Compact Discs-Recordable
(CD-Rs)
(hereinafter referred
to as the subject goods), falling under sub-heading 8523 40 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in, or
exported from the People’s Republic of China, Hong Kong, Singapore and Chinese
Taipei (hereinafter referred to as the subject countries), the designated
authority, in its preliminary findings vide notification No. 14/15/2005-DGAD
dated the 28th August, 2006,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
28th August, 2006, had come to
the conclusion that, -
i) the subject goods
have entered the Indian market from the subject countries at prices less than
their normal values in the domestic markets of the exporting countries;
ii) the dumping margins
of the subject goods imported from the subject countries are substantial and
above de minimis;
iii) the domestic industry has suffered material
injury and the injury has been caused to the domestic industry both by volume
and price effect of the dumped imports of the subject goods originating in or
exported from subject countries;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification No. 105/2006-Customs, dated the 6th October 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 6th October 2006 vide No. G.S.R. 622(E), dated the 6th October 2006;
And whereas, the designated authority, vide its final findings vide notification No. 14/15/2005-DGAD dated the 2nd April 2007, read with amendment of the said final findings of Designated Authority dated the 1st June 2007, [published in the Gazette of India, Extraordinary, Part I, Section I, dated the 1st June 2007], has come to the conclusion that, -
(a) the subject goods have
entered the Indian market from the subject countries at prices less than their
normal values in the domestic market of the exporting countries;
(b) the dumping margins of
the subject goods imported from the subject countries are substantial and above
de minimis.
(c) the domestic industry
has suffered material injury and the injury has been caused to the domestic
industry both by volume and price effect of dumped imports of subject goods
originating in or exported from the subject countries.
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-section (1) and sub-section (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 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 the 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 specified in the corresponding entry in column
(5), and exported from the countries specified in the corresponding entry in
column (6), and produced by the producers specified in the corresponding entry
in column (7), and exported by the exporters specified in the corresponding
entry in column (8), and imported into India, an anti-dumping duty which shall
be equal to the amount specified in the corresponding entry in column (9), 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 |
Specifi-cation |
Country of origin |
Country of export |
Producer |
Exporter |
Duty Amount |
Unit of measure-ment |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1. |
8523 40 |
Compact Discs- Recordable (CD-Rs) write once
read many times |
Any |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
0.099 |
PC |
US$ |
|
2. |
Do |
Do |
Do |
People’s Republic of China |
Any |
Any |
Any |
0.099 |
PC |
US$ |
|
3. |
Do |
Do |
Do |
Any |
People’s Republic of China |
Any |
Any |
0.099 |
PC |
US$ |
|
4. |
Do |
Do |
Do |
Singapore |
Singapore |
Any |
Any |
0.068 |
PC |
US$ |
|
5. |
Do |
Do |
Do |
Singapore |
Any other than People’s Republic of China |
Any |
Any |
0.068 |
PC |
US$ |
|
6. |
Do |
Do |
Do |
Any other than People’s Republic of China |
Singapore |
Any |
Any |
0.068 |
PC |
US$ |
|
7. |
Do |
Do |
Do |
Hong Kong |
Hong Kong |
Any |
Any |
0.050 |
PC |
US$ |
|
8. |
Do |
Do |
Do |
Hong Kong |
Any other than subject countries |
Any |
Any |
0.050 |
PC |
US$ |
|
9. |
Do |
Do |
Do |
Any other than subject countries |
Hong Kong |
Any |
Any |
0.050 |
PC |
US$ |
|
10. |
Do |
Do |
Do |
Chinese Taipei |
Chinese Taipei |
Any |
Any |
0.061 |
PC |
US$ |
|
11. |
Do |
Do |
Do |
Chinese Taipei |
Any other than People’s Republic of China and
Singapore |
Any |
Any |
0.061 |
PC |
US$ |
|
12. |
Do |
Do |
Do |
Any other than People’s Republic of China and
Singapore |
Chinese Taipei |
Any |
Any |
0.061 |
PC |
US$ |
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, and shall be payable in Indian currency.
Explanation.
- For the purposes of this notification, “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.