DVD from Malaysia, Thailand and Vietnam, Provisional Anti-dumping Duty

[Customs Notification No. 48 dated 12th April 2010]

Whereas, in the matter of import of Recordable Digital Versatile Disc [DVD] of all kinds (hereinafter referred as the subject goods), falling under Heading 8523 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and originating in, or exported from the Malaysia, Thailand and Vietnam, (hereinafter referred to as the subject countries) into India, the Designated Authority, in its preliminary findings vide notification No. 14/16/2009-DGAD dated the 13th November, 2009 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th November, 2009, has come to the conclusion that–

(a) the subject goods have been exported to India from the subject countries below its normal value;

(b) the domestic industry has suffered material injury;

and has recommended imposition of provisional anti-dumping duty on all imports of the subject goods originating in, or exported from, the subject country;

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 the said 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 which shall be equal to the amount specified in the corresponding entry in column(8), in the currency as specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9) of the said Table.

Table
S. No	Heading	Description of Goods	Country of origin	Country of export	Producer	Exporter	Amount	Unit of Measurement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1	8523	*Digital Versatile Disc Recordable	Vietnam	Vietnam	M/s Ritek Vietnam Co. Ltd	M/s Ritek Vietnam Co. Ltd	31.90	Per 1000 piece	US Dollar
2	8523	*Digital Versatile Disc Recordable	Vietnam	Vietnam	Any other combination of producer and exporter other than at S. No. 1		49.25	Per 1000 piece	US Dollar
3	8523	*Digital Versatile Disc Recordable	Vietnam	Any country other than Vietnam and other than the country already subject to anti- dumping duty vide Sl. No. 3 under column 5 of the table in Notification No. 8/2009-customs dated 22.1.09	Any	Any	49.25	Per 1000 piece	US Dollar
4	8523	*Digital Versatile Disc Recordable	Any country other than countries attracting anti-dumping duty	Vietnam	Any	Any	49.25	Per 1000 piece	US Dollar
5	8523	*Digital Versatile Disc Recordable	Thailand	Thailand	Any	Any	25.98	Per 1000 piece	US Dollar
6	8523	*Digital Versatile Disc Recordable	Thailand	Any country other than Thailand and other than the country already subject to anti- dumping duty vide Sl. No. 6 under column 5 of the table in Notification No. 8/2009-customs dated 22.1.09	Any	Any	25.98	Per 1000 piece	US Dollar
7	8523	*Digital Versatile Disc Recordable	Any country other than countries attracting anti-dumping duty	Thailand	Any	Any	25.98	Per 1000 piece	US Dollar
8	8523	*Digital Versatile Disc Recordable	Malaysia	Malaysia	Any	Any	35.92	Per 1000 piece	US Dollar
9	8523	*Digital Versatile Disc Recordable	Malaysia	Any country other than Malaysia and other than the country already subject to anti- dumping duty vide Sl. No. 9 under column 5 of the table in Notification No. 8/2009-customs dated 22.1.09	Any	Any	35.92	Per 1000 piece	US Dollar
10	8523	*Digital Versatile Disc Recordable	Any country other than countries attracting anti-dumping duty	Malaysia	Any	Any	35.92	Per 1000 piece	US Dollar

* The product under consideration in the present investigation is Digital Versatile Disc Recordable of all kinds. Such product may include DVD-R, DVD+R, DVD-RW and DVD+RW.

2. The anti- dumping imposed under this notification shall be effective upto and inclusive of the 11th day of October, 2010, and shall be payable in Indian Currency.

Explanation: - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for the 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.

[F. No. 354/244/2009-TRU]