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THE CUSTOMS TARIFF ACT 1975 (Notification)
2014

Notification No. 25/2014-Customs (ADD), F No. 354/136/2007/TRU (Pt-I), Dated, 09th June, 2014

Whereas, the designated authority, vide notification No. 15/11/2012- DGAD, dated the 18th September, 2012, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 18th September, 2012, had initiated a review in the matter of continuation of anti-dumping on imports of Presensitised Positive Offset Aluminium Plates (thickness ranging from 0.15 mm to 0.40 mm with a variation of 0.03 mm on either side) (hereinafter referred to as the subject goods) falling under Chapter 37, 76 or 84 of the First Schedule to the Customs Tariff Act 1975, (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), originating in, or exported from, the People's Republic of China (hereinafter referred to as the subject country), imposed vide notification of Government of India, in the Ministry of Finance (Department of Revenue), No. 108/2007-Customs, dated the

25th September, 2007, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R. No. 627 (E), dated the 25th September, 2007.

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject country up to and inclusive of the 23rd September, 2013 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 44/2012 –Customs (ADD) dated the 25th September, 2012, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R No. 715(E), dated the 25th September, 2012.

And whereas, in the matter of review of anti-dumping on import of the subject goods,

originating in, or exported from the subject country, the designated authority vide its final findings, No. 15/11/2012-DGAD, dated the 10th March, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th March, 2014, has come to the conclusion that ,-

(i) There has been continued dumping of the subject goods from subject country and

the dumping is likely to continue and intensify if anti-dumping duty is allowed to

cease;

(ii) The subject goods are entering the Indian market at dumped prices from the subject country and the dumping margin is substantial causing injury to the domestic industry;

(iii) The injury to the domestic industry is likely to continue in the event of withdrawal

of anti-dumping duty from the subject country;

(iv) The anti-dumping duty is required to be extended and revised,

and has recommended continued imposition of the anti-dumping duty against 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 said Act read with Rules 18 and 23 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, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified

in column (3) of the Table below, falling under Chapter of the First Schedule to the 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 country as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), and exported from the country specified in the corresponding entry in column (6) , by the exporters as specified in the corresponding entry in column (8) and imported into India, an anti-dumping duty at a rate which is equal to the amount specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and as per unit of measurement as specified in the corresponding entry in column (10) of the said Table.

Table

S No Chapter Description of Goods Specification Country of Origin Country of Exports Producer Exporter Duty Amount Unit Currency
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
1. 37, 76 or 84 Presensitised Positive Offset Aluminium Plates Thickness ranging from 0.15 mm to 0.40 mm with a variation of 0.03 mm on either side People's Republic of China People's Republic of China Any Any 0.22 Per Kg USD

2. 37, 76 or 84 Presensitised Positive Offset Aluminium Plates Thickness ranging from 0.15 mm to 0.40 mm with a variation of 0.03 mm on either side People's Republic of China Any other than People's Republic of China Any Any 0.22 Per Kg USD

3. 37, 76 or 84 Presensitised Positive Offset Aluminium Plates Thickness ranging from 0.15 mm to 0.40 mm with a variation of 0.03 mm on either side Any other than People's Republic of China People's Republic of China Any Any 0.22 Per Kg USD

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 publication of this notification in the Official Gazette and shall be payable in Indian currency.

Explanation. - For the purposes of this notification, - "rate of exchange" applicable for the purposes of calculation of 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 under sub-clause (i) of clause (a) of subsection

(3) of 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.

(Akshay Joshi)

Under Secretary to the Government of India.