Preliminary Anti-dumping Duty Imposed on SDH Transmission Eqpt from China and Israel

[Customs Notification No. 132 dated 8th December 2009]

Whereas, in the matter of import of all kinds of Synchronous Digital Hierarchy Transmission Equipment (hereinafter referred to as the subject goods), falling under sub-heading 8517 62 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from, People’s Republic of China (China PR) and Israel (hereinafter referred to as the subject countries), the designated authority, in its preliminary findings vide notification No. 14/2/2009-DGAD, dated the 7th September, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th September, 2009, has 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 dumped imports of the subject goods originating in or exported from the subject countries,

and has recommended imposition of provisional anti-dumping duty 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 (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 preliminary 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), originating in the country as specified in the corresponding entry in column (4) and produced by the producer as specified in the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by the exporter as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate to be worked out as percentage of the CIF value of imports of the subject goods as specified in the corresponding entry in column (8) of the said Table.

Table
S. No.	Sub-heading	Description	Country of origin	Country of export	Producer	Exporter	Amount	Unit of Measurement
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
1	8517 62	Complete Synchronous Digital Hierarchy (SDH) equipment including in CKD / SKD and including its parts and components which have a dedicated use for the equipment	China PR	China PR	M/S Fibrehome Telecommunication Technologies Ltd.	M/S Fibrehome Telecommunication Technologies Ltd.	236%	% of CIF Value of Imports
2	-do-	-do-	China PR	China PR	Alcatel-Lucent Shanghai Bell Co. Ltd.	Alcatel-Lucent Shanghai Bell Co. Ltd.	29%	% of CIF Value of Imports
3	-do-	-do-	China PR	China PR	M/S Huawei Technologies Co., Ltd.	M/S Huawei Technologies Co., Ltd	50%	% of CIF Value of Imports
4	-do-	-do-	China PR	China PR	Any other combination than as at Sl. 1, 2 and 3 above	Any	236%	% of CIF Value of Imports
5	-do-	-do-	China PR	Israel	M/S Hangzhou ECI Telecommunication Co. Ltd	M/S ECI Telecom Ltd., Israel	93%	% of CIF Value of Imports
6	-do-	-do-	China PR	Israel	Any other than combination as at Sl.No.5 above	Any	236%	% of CIF Value of Imports
7	-do-	-do-	China PR	Any	Any	Any	236%	% of CIF Value of Imports
8	-do-	-do-	Any other than Israel	China PR	Any	Any	236%	% of CIF Value of Imports
9	-do-	-do-	Israel	Israel	M/S ECI Telecom Ltd., Israel	M/S ECI Telecom Ltd., Israel	Nil	% of CIF Value of Imports
10	-do-	-do-	Israel	Israel	Any other than combination as at Sl. No. 9 above	Any	37%	% of CIF Value of Imports
11	-do-	-do-	Israel	Any	Any	Any	37%	% of CIF Value of Imports
12	-do-	-do-	Any other than China PR	Israel	Any	Any	37%	% of CIF Value of Imports

Note.- For the purposes of this notification, “CIF value” means assessable value as determined under section 14 of the Customs Act, 1962 (52 of 1962).

[F. No. 354/204/2009-TRU]