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THE CUSTOMS TARIFF ACT 1975 (Notification)
2015

Body Notification No. 61/2015-Customs (ADD), F. No. 354/87/2009-TRU(Pt.-III), Dated, 11th December, 2015.

Whereas, the designated authority, vide notification No. 15/04/2014-DGAD, dated the 17th April, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of import of Cold Rolled Flat Products of Stainless Steel, (hereinafter referred to as the subject goods), falling under heading 7219 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act) and originating in, or exported from the People's Republic of China, Korea, European Union, South Africa, Taiwan (Chinese Taipei), Thailand and United States of America (USA) ( hereinafter referred to as the subject countries / territories), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 14/2010-CUSTOMS, dated the 20th February, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 95(E), dated the 20th February, 2010;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject countries / territories upto and inclusive of the 21st April, 2015, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 20/2014-Customs (ADD), dated the 12th May, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R 337(E), dated the 12th May, 2014;

And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject countries / territories, the designated authority in its final findings, published vide notification No. 15/04/2014-DGAD, dated the 12th October, 2015, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that ,-

(i). there is continued dumping of the subject goods from the subject countries/territories though the volume of imports has declined after imposition of duties;

(ii). the performance of the domestic industry has deteriorated in the current injury period due to the impact of the dumped imports from the subject country and diversion of imports to product ranges outside the scope of the product under consideration;

(iii). the dumping is likely to continue and the performance of the domestic industry is likely to deteriorate, should the present anti-dumping duty is revoked,

and has recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported, from the subject countries / territories;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff 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, the specification of which is specified in column (4), falling under tariff heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries/territories as specified in the corresponding entry in column (5), exported from the countries/territories as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), exported by the exporters 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 landed value of imports of the subject goods as specified in the corresponding entry in column (9) of the said Table, namely:-

Table

Sl. No. Tariff heading Description of goods Specification Countries/ Territories of origin Countries/ Territories of export Producer Exporter % of landed value
(1) (2) (3) (4) (5) (6) (7) (8) (9)
1 7219 Cold-rolled Flat products of stainless steel All Grades, All Series except the exclusions as per Note below People?s Republic of China Any Any Any 57.39%
2 -Do- -Do- -Do- Any country other than the subject countries/territories People?s Republic of China Any Any 57.39%
3 -Do- -Do- -Do- Korea RP Korea RP POSCO 1.Hyundai Corporation

2. POSCO Daewoo Corporation

5.39%
4 -Do- -Do- -Do- Korea RP Korea RP Any combination other than above combination 13.44%
5 -Do- -Do- -Do- Korea RP Any Any Any 13.44%
6 -Do- -Do- -Do- Any country other than the subject countries/territories Korea RP Any Any 13.44%
7 -Do- -Do- -Do- Chinese Taipei Any Any Any 15.93%
8 -Do- -Do- -Do- Any country other than the subject countries/territories Chinese Taipei Any Any 15.93%
9 -Do- -Do- -Do- South Africa South Africa Columbus Stainless (Pty) Ltd Columbus Stainless (Pty) Ltd 12.34%
10 -Do- -Do- -Do- South Africa South Africa Any combination other than above combination 36.91%
11 -Do- -Do- -Do- South Africa Any Any Any 36.91%
12 -Do- -Do- -Do- Any country other than subject countries/territories South Africa Any Any 36.91%
13 -Do- -Do- -Do- Thailand Thailand POSCO Thainox 1. POSCO Thainox

1. Hyundai Corporation

4.58%
14 -Do- -Do- -Do- Thailand Thailand Any combination other than above combination 5.39%
15 -Do- -Do- -Do- Thailand Any Any Any 5.39%
16 -Do- -Do- -Do- Any country other than the subject countries/territories Thailand Any Any 5.39%
17 -Do- -Do- -Do- USA Any Any Any 9.47%
18 -Do- -Do- -Do- Any country other than the subject countries/territories USA Any Any 9.47%
19 -Do- -Do- -Do- European Union European Union Acerinox Europa SAU, Spain Acerinox Europa SAU, Spain 29.41%
20 -Do- -Do- -Do- European Union European Union Any combination other than the above combination 52.56%
21 -Do- -Do- -Do- European Union Any Any Any 52.56%
22 -Do- -Do- -Do- Any country other than the subject countries/territories European Union Any Any 52.56%

Note

The subject goods include cold-rolled Flat products of stainless steel of width of 600 mm upto 1250 mm of all series not further worked than Cold rolled (cold reduced) with a thickness of up to 4 mm (width tolerance of +30 mm for Mill Edged and +4 mm for Trimmed Edged), excluding the following:

(i) the subject goods of width beyond 1250 mm (plus tolerances);

(ii) Grades AISI 420 high carbon, 443, 441, EN 1.4835, 1.4547, 1.4539, 1.4438, 1.4318, 1.4833 and EN 1.4509;

(iii) product supplied under Indian Patent No. 223848 in respect of goods comprising Low Nickel containing Chromium-Nickel Manganese-Copper Austenitic Stainless steel and representing Grades YU 1 and YU 4, produced and supplied by M/s Yieh United Steel Corp (Yusco) of Chinese Taipei (Taiwan).

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

3. Notwithstanding anything contained in paragraph 2, the anti-dumping duty imposed under this notification shall remain in force up to and inclusive of the 31st January, 2021, unless revoked, superseded or amended earlier.

Explanation .- For the purposes of this notification, "Landed Value" shall be the assessable value as determined under the Customs Act 1962 (52 of 1962) and all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the Customs Tariff Act.

(K.KALIMUTHU)

Under Secretary to the Government of India