Another 5 Years of Anti-dumping Duty on Injection Presses from China
• Duty Incidence Falls by 10%
or so
• Four Excusion
Categories Inserted
[Customs
Notification No. 39 dated 23rd March 2010]
Whereas, in the
matter of import of all kinds of plastic processing or injection moulding machines, also known as injection presses,
having clamping force not less than 40 tonnes (hereinafter referred to as the
subject goods), falling under tariff item 8477 10 00 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or
exported from, People’s Republic of China (hereinafter referred to as
the subject country), the designated authority, in its preliminary
findings, vide, notification No. 14/12/2008-DGAD, dated the 10th February, 2009, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 10th
February, 2009, had come to the conclusion that-
(a) the subject goods had entered the Indian market from the
subject country at prices less than their normal values in the domestic market
of the exporting country;
(b) the dumping margins of the subject goods imported from the
subject country were substantial and above de minimis; and
(c) the domestic industry had suffered material injury and the
injury had 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 country;
and
had recommended the imposition of provisional anti-dumping duty on all imports
of the subject goods, originating in or exported from, the subject country;
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 of the Government of
India in the Ministry of Finance (Department of Revenue), No. 47/2009-Customs,
dated 12th May, 2009, published in the
Gazette of India Extraordinary, Part II, Section 3, Sub-section (i), vide, number G.S.R. 316(E), dated the 12th May, 2009;
And whereas, the designated authority in its final
findings, vide, notification No. 14/12/2008-DGAD dated the 31st December, 2009, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 1st
January, 2010, has come to the conclusion that-
a) the subject goods have entered the Indian market from the
subject country at prices less than their normal values in the domestic market
of the exporting country;
b) the dumping margins of the subject goods imported from the
subject country are substantial and above de minimis; and
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
the subject goods originating in or exported from the subject country;
and
had recommended the imposition of definitive anti-dumping duty on imports of
the subject goods originating in, or exported, from the subject country;
Now, therefore, in exercise of the powers conferred
by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51
of 1975) 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 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 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 country
as specified in the corresponding entry in column (5) and produced by the
producer as specified in the corresponding entry in column (7), when exported
from the country as specified in the corresponding entry in column (6), by the
exporter as specified in the corresponding entry in column (8), 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 (9) of the said Table.
|
Table |
||||||||
|
No |
Tariff
Item |
Description
of goods |
Specification |
Country
of origin |
Country
of export |
Producer |
Exporter |
%
of CIF Value |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
|
1 |
8477 10 00 |
Plastic
Processing or Injection Moulding Machines* |
Clamping
force equal to or more than 40 Tons and equal to or less than 1000 tons. |
People's Republic of China |
People's Republic of China |
M/s
Guanzhou Borch Machinery
Co. Ltd |
M/s
Guanzhou Borch Machinery
Co. Ltd |
60% |
|
2 |
8477
10 00 |
Plastic
Processing or Injection Moulding Machines* |
Clamping
force equal to or more than 40 Tons and equal to or less than 1000 tons. |
People's Republic of China |
People's Republic of China |
M/s
Zhejiang Sound Machinery Manufacture Co. Ltd. |
M/s
Zhejiang Sound Machinery Manufacture Co. Ltd. |
135% |
|
3 |
8477
10 00 |
Plastic
Processing or Injection Moulding Machines* |
Clamping
force equal to or more than 40 Tons and equal to or less than 1000 tons. |
People's Republic of China |
People's Republic of China |
M/s
Zhejiang Golden Eagle Plastics Machinery Co. Ltd. |
M/s
Zhejiang Golden Eagle Co. Ltd. |
126% |
|
4 |
8477
10 00 |
Plastic
Processing or Injection Moulding Machines* |
Clamping
force equal to or more than 40 Tons and equal to or less than 1000 tons. |
People's Republic of China |
People's Republic of China |
M/s
Ningbo Liguang Machinery
Co. Ltd. |
M/s
Ningbo Liguang Machinery
Co. Ltd. |
81% |
|
5 |
8477
10 00 |
Plastic
Processing or Injection Moulding Machines* |
Clamping
force equal to or more than 40 Tons and equal to or less than 1000 tons. |
People's Republic of China |
People's Republic of China |
M/s
Ningbo Haixing Plastics
Machinery Mfg. Co. Ltd. |
M/s
Ningbo Haixing Plastics
Machinery Mfg. Co. Ltd. |
100% |
|
6 |
8477
10 00 |
Plastic
Processing or Injection Moulding Machines* |
Clamping
force equal to or more than 40 Tons and equal to or less than 1000 tons. |
People's Republic of China |
People's Republic of China |
M/s
Hangzhou Tederic
Machinery Co. Ltd. |
M/s
Hangzhou Tederic
Machinery Co. Ltd. |
68% |
|
7 |
8477
10 00 |
Plastic
Processing or Injection Moulding Machines* |
Clamping
force equal to or more than 40 Tons and equal to or less than 1000 tons. |
People's Republic of China |
People's Republic of China |
Ningbo
Haitian Plastic Machinery Group |
Ningbo
Haitian Plastic Machinery Group |
79% |
|
8 |
8477
10 00 |
Plastic
Processing or Injection Moulding Machines* |
Clamping
force equal to or more than 40 Tons and equal to or less than 1000 tons. |
People's Republic of China |
People's Republic of China |
Haitian
Heavywork Machinery Co. Ltd. |
Haitian
Heavywork Machinery Co. Ltd. |
105% |
|
9 |
8477
10 00 |
Plastic
Processing or Injection Moulding Machines* |
Clamping
force equal to or more than 40 Tons and equal to or less than 1000 tons. |
People's Republic of China |
People's Republic of China |
Ningbo
Haitian Huayuan Machinery Co. Ltd. |
Ningbo
Haitian Huayuan Machinery Co. Ltd. |
76% |
|
10 |
8477
10 00 |
Plastic
Processing or Injection Moulding Machines* |
Clamping
force equal to or more than 40 Tons and equal to or less than 1000 tons. |
People's Republic of China |
People's Republic of China |
M/s
Smargon Plastic Machinery Co. Ltd. |
M/s
Wenzhou Smargon Import
& Export Co. Ltd. |
174% |
|
11 |
8477
10 00 |
Plastic
Processing or Injection Moulding Machines* |
Clamping
force equal to or more than 40 Tons and equal to or less than 1000 tons. |
People's Republic of China |
People's Republic of China |
Any
combination of producer and exporter other than at Sr. No. 1 to 10 above. |
174% |
|
|
12 |
8477
10 00 |
Plastic
Processing or Injection Moulding Machines* |
Clamping
force equal to or more than 40 Tons and equal to or less than 1000 tons. |
People's Republic of China |
Any
country other than People's
Republic of China |
Any |
Any |
174% |
|
13 |
8477
10 00 |
Plastic
Processing or Injection Moulding Machines* |
Clamping
force equal to or more than 40 Tons and equal to or less than 1000 tons. |
Any
country other than People's
Republic of China |
China
PR |
Any |
Any |
174% |
*The following shall be excluded from the levy of
anti-dumping duty imposed under this notification,
(i) Blow moulding
Machines classified under Customs Tariff Classification No. 847730.
(ii) Vertical
injection moulding machines
(iii) All
electric injection moulding machines wherein the
mechanical movements such as injection, mould closing, mould opening, ejection,
screw drive, etc. are controlled by independent servo motors and having digital
control system and without Hydraulic Unit,
(iv) Multicolor
/ mutlimould machinery for making footwear, Rotary
injection moulding machinery for making footwear and
footwear sole/strap/heel injection moulding machine
classified under the Customs Tariff Classification No. 8453.
2. The
anti-dumping duty imposed under this notification shall be levied for a period
of five years (unless revoked, superseded or amended earlier) from the date of
imposition of the provisional anti-dumping duty, that is, 12th
May, 2009 and shall be payable in Indian currency.
Explanation.- 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. 354/53/2009-TRU]