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THE CUSTOMS TARIFF ACT 1975 (Notification)
2016

Notification No. 9/2016-Customs (ADD), F. No. 354/234/2015-TRU Dated, 15th March, 2016

Whereas, in the matter of imports of all kinds of plastic processing machines or injection moulding machines, also known as injection presses, having clamping force equal to or more than 40 tonnes, and equal to or less than 3200 tonnes, used for processing or moulding of plastic materials (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), hereinafter referred to as the Customs Tariff Act, originating in or exported from Chinese Taipei, Philippines, Malaysia or Vietnam (hereinafter referred to as subject countries) and imported into India, the designated authority in its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 14/03/2014-DGAD, dated the 7th January, 2016 has come to the conclusion that-

i. the subject goods are entering the Indian market from the subject countries at dumped prices;

ii. performance of the domestic industry has deteriorated in the current injury period due to the impact of the dumped imports from the subject countries coupled with decline in demand in the recent years; and

iii. the injury suffered by the domestic industry is significant and material, and has recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported, from the subject country and imported into India, in order to remove injury to the domestic industry;

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 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, 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 item of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (5), exported from the countries 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 as, namely.-

Table

Sl. No. Tariff item Description of goods Specification Country  of origin Country  of export Producer Exporter Duty as per centage of landed value
(1) (2) (3) (4) (5) (6) (7) (8) (9)
1. 8477 10 00 Plastic processing machines or Injection moulding machines used for processing or moulding plastic materials Clamping force equal to or more than 40 tonnes and equal to or less than 3200 tonnes Chinese Taipei Chinese Taipei M/s Chen Hsong Machinery Chinese Taipei Co Ltd M/s Asian Plastic Machinery Co Ltd 6.06%
2. -Do- -Do- -Do- Chinese Taipei Chinese Taipei M/s Jon Wai Machinery Works Co Ltd M/s Jon Wai Machinery Works Co Ltd Nil
3 -Do-

-Do-

-Do-

Chinese Taipei Chinese Taipei Any combination other than the above

27.98%
4.

-Do-

-Do-

-Do-

Chinese Taipei Any

Any

Any

27.98%
5. -Do-

-Do-

-Do-

Any country other than the subject countries Chinese Taipei Any

Any

27.98%
6.

-Do- -Do- -Do- Philippines Any Any Any 30.85%
7. -Do- -Do- -Do- Any country other than the subject countries Philippines Any Any 30.85%
8. -Do- -Do- -Do- Malaysia Any Any Any 44.74%
9. -Do- -Do- -Do- Any country other than the subject countries Malaysia Any Any 44.74%
10. -Do- -Do- -Do- Vietnam Any Any Any 23.15%
11. -Do- -Do- -Do- Any country other than the subject countries Vietnam Any Any 23.15%

Note:- The following shall be excluded from the levy of anti-dumping duty imposed under this notification.-

i. Blow Moulding Machines classified under Customs Tariff sub-heading 8477 30;

ii. Vertical injection moulding machines;

iii. All electric injection moulding machines wherein the mechanical movements such as injection, mould closing, mould opening, ejection, screw driver, etc. are controlled by independent servo motors and having digital control system and without Hydraulic Units;

iv. Multi-colour / multi-mould machinery for making footwear, Rotary injection moulding machinery for making footwear and footwear sole/strap/heel injection moulding machine classified under the Customs Tariff heading 8453.

2.  The antidumping 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.

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