Sunday, October 25, 2015

Customs Updates: Anti-Dumping Notifications of Customs in year 2015 (Notification No. 49/2015)


G.S.R.  (E). – Whereas, the designated authority, vide notification No. 15/11/2014-DGAD, dated the 13th June, 2014, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 13th June, 2014, had initiated a review in the matter of continuation of anti-dumping duty on imports of Front Axle Beam and Steering Knuckles meant for heavy and medium commercial vehicles (hereinafter referred to as the subject goods)  falling under tariff items 7326 1910, 7326 1990, 7326 9099, 8708 5000, 8708 9900 of the First Schedule to the Customs Tariff Act 1975, (51 of 1975) (hereinafter referred to as the said 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. 50/2010-Customs, dated the 12th April, 2010, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. No. 315 (E), dated the 12th April, 2010.

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 14th June, 2015 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 30/2014 –Customs (ADD) dated the 23rd July, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R No. 525(E), dated the 23rd July, 2014.
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. 15/11/2014-DGAD, dated the 11th September, 2015, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th September, 2015, has come to the conclusion that –
  1. the subject goods have continued to enter the Indian market from the subject country at prices less than their normal values and the dumping margins are substantial and above de minimis, though the volume is low;
  2. the performance of the domestic industry has declined due to decline in demand and presence of dumped imports during the injury investigation period but the domestic industry has not suffered material injury during the period of investigation due to the dumped imports;
  3. the goods are likely to be exported at dumped prices in the event of cessation of anti- dumping duty and dumping is likely to continue or recur; and
  4. there is a strong likelihood of recurrence of injury to the domestic industry in the event of cessation of anti-dumping duty because of continued dumped imports from the subject country,
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 against tariff items of the First Schedule to the said Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (4), produced by the producers as specified in the corresponding entry in column (6), exported from the countries 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 at the rate which is equal to the amount specified in the corresponding entry 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. 


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.

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 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.

[F. No.354/118/2009-TRU (Pt-I)]
(Anurag Sehgal)
Under Secretary to the Government of India.
Notification
No. 49/2015-Customs (ADD)
New Delhi, the 21st October, 2015

Source:
http://www.cbec.gov.in/

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