Whereas in the matter of import of Digital Offset Printing Plates (hereinafter referred to as the subject goods), originating in or exported from the Peoples' Republic of China (China PR) and Japan (hereinafter referred to as the subject countries) and imported into India, the designated authority, vide its preliminary findings F.No. 14/7/2011-DGAD, dated the 16th March, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th March, 2012, had come to the conclusion that -
(a) the product under consideration has been exported to India from the subject countries below normal values;
(b) the domestic industry has suffered material injury on account of subject imports from subject countries;
(c) the material injury has been caused by the dumped imports of subject goods from the subject countries,
and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in or exported from the subject countries.
And whereas, on the basis of the aforesaid preliminary findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods, originated in or exported, from the subject countries, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 31/2012-Customs(ADD), dated the 4th June, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.416 (E), dated the 4th June, 2012;
And whereas, the designated authority in its final findings vide notification number 14/7/2011-DGAD, dated the 3rd October, 2012, has come to the conclusion that -
(a) the product under consideration has been exported to India from the subject countries below their normal values;
(b) the domestic industry has suffered material injury on account of subject imports from subject countries. The material injury has been caused by the dumped imports of subject goods from the subject countries. However, the injury margin was negative for the goods exported from Japan as the landed value of those goods were higher than the non-injurious price determined for the domestic industry and in view of the same anti dumping duty on the subject goods imported from Japan is not being recommended.
Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the 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 final findings of the designated authority, hereby imposes on the subject goods of specification as provided in column (8) of the following Table, the description whereof is specified in the corresponding entry in column (3), falling under sub- headings of the First Schedule to the Customs Tariff Act as mentioned in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4), and produced by the producers 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 exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty which shall be equivalent to the difference between the amount specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (10), per unit of measurement as specified in the corresponding entry in column (11), of the said Table and the landed value of such imported goods in like currency as per like unit of measurement, namely:-
Table
FPB)
*Conversion factor From Kg to Sq mtr is 1 Kg=1.318 sq mts, for 28 mm thickness plate. If the thickness of the plate varies, the square meter for kg of the product will vary proportionately. 1 Sq mtr=0.7588 kg.
** Computer to Conventional Plate also known as UV-CTP plate.
*** N/A stands for 'Not Applicable'.
2. The anti-dumping duty imposed 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, the 4th June, 2012 for the imports of the subject goods originating in or exported from the subject countries and the anti-dumping duty imposed shall be payable in Indian currency.
3. Notwithstanding anything contained in paragraph 2, this notification, unless revoked earlier, shall remain in force up to and inclusive of the 3rd June 2018.
Explanation.- For the purposes of this notification,-
(i) "landed value" shall be 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; and
(ii) "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.
(Rajkumar Digvijay)
Under Secretary to the Government of India
CORRIGENDUM F No. 354/45/2012-TRU, Dated , 30th April, 2013
In the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 51/2012-Customs(ADD), dated the 3rd December, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.874 (E), dated the 3rd December, 2012, in the Table,
(1) against S. No. 5, in columns (6) and (7), for the words
"M/s Kodak (China) graphics commounication system Ltd."
read
"Kodak (China) Graphic Communication Company Limited";
(2) against S. No. 6, in column (6), for the words
"Kodak (China) Graphic Communication Company Limited".
(Akshay Joshi)