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$ |