Notification No. 78/2007, Dated 29th June 2007

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

New Delhi, dated the 29^th June, 2007

8 Asadha 1929 (Saka)

Notification No. 78/2007-CUSTOMS

G.S.R.  (E).- Whereas, in the matter of import of Compact Discs-Recordable (CD-Rs) (hereinafter referred to as the subject goods), falling under sub-heading 8523 40 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in, or exported from the People’s Republic of China, Hong Kong, Singapore and Chinese Taipei (hereinafter referred to as the subject countries), the designated authority, in its preliminary findings vide notification No. 14/15/2005-DGAD dated the 28^th August, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28^th August, 2006, had come to the conclusion that, -

                i)  the subject goods have entered the Indian market from the subject countries at prices less than their normal values in the domestic markets of  the 

                    exporting  countries;

                ii)  the dumping margins of the subject goods imported from the subject countries are substantial and above de minimis;

                iii)  the domestic industry has suffered material injury and the injury has been caused to the domestic industry both by volume and price effect of the dumped   

                      imports of the subject goods originating in or exported from subject countries;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification No. 105/2006-Customs, dated the 6^thOctober 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 6^th October 2006 vide No. G.S.R. 622(E), dated the 6^th October 2006;

          And whereas, the designated authority, vide its final findings vide notification No. 14/15/2005-DGAD dated the 2^nd  April 2007, read with amendment of the said final findings of Designated Authority dated the 1^st June 2007, [published in the Gazette of India, Extraordinary, Part I, Section I, dated the 1^st June 2007], has come to the conclusion that, -

(a)   the subject goods have entered the Indian market from the subject countries at prices less than their normal values in the domestic market of the exporting countries;

(b)   the dumping margins of the subject goods imported from the subject countries are substantial and above de minimis.

(c)   the domestic industry has suffered material injury and the injury has been caused to the domestic industry both by volume and price effect of dumped imports of         

       subject goods originating in or exported from the subject countries.

and has recommended to impose definitive anti-dumping duties on all imports of the subject goods, originating in or exported from the subject countries;

            Now, therefore, in exercise of the powers conferred by sub-section (1) and sub-section (5) of section 9A of the said 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, on the basis of the aforesaid findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under the sub-heading of the First Schedule to the said 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 countries specified in the corresponding entry in column (5), and exported from the countries specified in the corresponding entry in column (6), and produced by the producers specified in the corresponding entry in column (7), and exported by the exporters specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty which shall be 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 per unit of measurement as specified in the corresponding entry in column (10), of the said Table.

 Table

2.         The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, and shall be payable in Indian currency.  

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

   [F.No: 354/129/2006- TRU]

(G.G.Pai)

Under Secretary to the Government of India