Whereas in the matter of 'Hot-rolled flat products of alloy or non-alloy steel' (hereinafter referred to as the subject goods) falling under chapter headings 7208, 7211, 7225 or 7226 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 China PR, Japan, Korea RP, Russia, Brazil or Indonesia (hereinafter referred to as the subject countries), and imported into India, the designated authority in its preliminary findings vide notification number 14/09/2016-DGAD, dated the 1st August, 2016, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st August, 2016, 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 findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods with effect from the 8th August, 2016 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 44/2016-Customs (ADD), dated the 8th August, 2016, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 778 (E), dated the 8th August, 2016, read with Corrigendum dated the 7th September, 2016, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 865 (E);
And, whereas the Central Government had extended the anti-dumping duty imposed on subject goods originating in, or exported from the subject countries vide notification No. 05/2017-Cus (ADD), dated the 7th February, 2017, published in the Gazette of India, Part II, Section 3, Sub-section (i) vide number G.S.R. 109 (E), dated the 7th February, 2017 up to and inclusive of 7th April, 2017;
And, whereas, the designated authority in its final findings vide notification number 14/09/2016-DGAD dated the 10th April, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th April, 2017, while confirming the preliminary findings dated the 1st August, 2016, has come to the conclusion that-
(i) the subject goods have been exported to India from subject countries below its normal value, thus resulting in dumping of the product;
(ii) the domestic industry has suffered material injury due to dumping of the subject goods;
(iii) the material injury has been caused by the dumped imports of the subject goods originating in or exported from the subject countries,
and has recommended imposition of definitive anti-dumping duty on the imports of subject goods, originating in, or exported from the subject countries 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 definitive anti-dumping duty on the subject goods, the description of which is specified in column (3) of the Table below, falling under chapter heading of the First Schedule to the 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), exported from the country as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate which is equivalent to the difference between the amount mentioned in the corresponding entry in column (8) and the landed value of the subject goods, provided the landed value is less than such amount specified in column (8), in the currency as specified in the corresponding entry in column (10) and as per unit of measurement as specified in the corresponding entry in column (9), of the said Table, namely :-
Table
2. M/s GS Global Corp., Korea RP
3. M/s Hyundai Corporation, Korea RP
4. M/s Main Steel Co. Ltd., Korea RP
5. M/s P&A Corporation, Korea RP
6. Ohmi Industries Ltd., Japan
2. M/s POSCO Daewoo Corporation, Korea RP
3. M/s GS Global Corp, Korea RP
4. M/s Hyundai Corporation, Korea RP
5. M/s Samsung C&T Corporation, Korea RP
6. M/s POSCO Asia, Hong Kong
7. POSCO P&S, Korea RP
2. JFE Shoji Trade Corporation, Japan
3. Metal One Corporation, Japan
4. Mitsui & Co. Ltd,
5. Ohmi Industries Ltd., Japan
6. Uttam Galva International Pte. Ltd., Singapore
7. Uttam Galva International FZE, UAE
8. Toyota Tshusho Corporation, Japan
9. Marubeni-Itochu Steel Inc., Japan
2. Honda Trading Corporation, Japan
3. Kanematsu Corporation Ltd, Japan
4. Marubeni-Itochu Steel Inc., Japan
5. Metal One Corporation, Japan
6. Mitsui & Co. Ltd, Japan
7. Nippon Steel &Sumikin Bussan Corporation, Japan
8. Sumitomo Corporation, Japan
9. Toyota Tshusho Corporation, Japan
10. Ohmi Industries Ltd, Japan
2. M/s Zhan gjiaga ngHo ngcha ng Plate Co., Ltd.,
3. M/s Zhan gjiaga ngSha jing Heavy Plate Co., Ltd.,
2. M/s Shagang International (Singapore) Pte LTD., Singapore
3. M/s Xinsha International PTE Ltd., Singapore,
4. M/s Burwill Resources Limited, BVI
5. M/s Future Materials Industry (Hong Kong) Co. Ltd., Hong Kong
6. M/s Lu Qin (Hong Kong) Co. Ltd., Hong Kong
7. M/s Ningbo Cimei Import & Export Co. Ltd., China PR
8. M/s Steelco Pacific Trading Limited, Hong Kong
9. M/S GS Global Corp., Korea R
2. M/s Hyundai Corporation, Korea RP
2. M/s GS Global Corp, Korea RP
4. M/s POSCO Asia, Hong Kong
5. POSCO P&S, Korea RP
2. Metal One Corporation, Japan
3. Mitsui & Co. Ltd, Japan
4. Ohmi Industries, Ltd., Japan
5. Toyota Tshusho Corporation, Japan
6. Shinsho Corporation, Japan
7. Marubeni-Itochu Steel Inc., Japan
8. Kyusho Co. Ltd., Japan
2. Mitsui & Co. Ltd, Japan
3. Nippon Steel &Sumikin Bussan Corporation, Japan
4. Sumitomo Corporation, Japan
5. Ohmi Industries Ltd, Japan
2. M/s Zhangj iagang Hongc hang Plate Co., Ltd.,
3. M/s Zhangj iagang Shajin g Heavy Plate Co., Ltd
2. M/s Shagang International (Singapore) Pte Ltd., Singapore
2. M/s Wuyan g Iron and Steel Co. Ltd
2. Hebei Iron & Steel (Hong Kong) International Trade Co. Ltd, Hong Kong
3. Hebei Iron & Steel (Singapore) PTE. Ltd, Singapore
4. Salzgitter Mannesmann International GmbH, Germany
5. Burwill Resources Limited, BVI
Note: The description of the subject goods excludes the following:-
(a) Hot-rolled flat products of stainless steel;
(b) Hot-rolled flat products of steel which are electrolytically plated or coated with zinc;
(c) Hot-rolled flat products of steel otherwise plated or coated with zinc; or
(d) Cladded steel.
2. The anti-dumping duty imposed under this notification shall be effective 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 8th August, 2016, and shall be payable in Indian currency:
Provided that the said anti-dumping duty shall not be levied for the period commencing from the date of the lapse of the provisional anti-dumping duty, that is, the 8th April, 2017 upto the publication of this notification in the Official Gazette.
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 15th December, 2021, unless revoked, superseded or amended earlier.
Explanation.- For the purposes of this notification, "landed value" of imports means the assessable value as determined by the customs under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and section 9A of the Customs Tariff Act, 1975; and the 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 Act.
(Mohit Tewari)
Under Secretary to the Government of India
CORRIGENDUM, F. No. 354/119/2016-TRU ,Dated the 16th May, 2017
In the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 17/2017 - Customs (ADD), dated the 11th May, 2017 published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (i), vide number G.S.R. 455(E), dated the 11th May, 2017, -
(i) at page 14, in lines 32 and 33, for "equal to the amount as specified in the corresponding entry in column (8)" read "which is equivalent to the difference between the amount mentioned in the corresponding entry in column (8) and the landed value of the subject goods, provided the landed value is less than such amount specified in column (8)";
(ii) at page 22, in line 51, for "Explanation.- For the purposes of this notification," read "Explanation.- For the purposes of this notification, "landed value" of imports means the assessable value as determined by the customs under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and section 9A of the Customs Tariff Act, 1975; and the".