Notification No. 44/2009, Dated 30th April 2009

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

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 44/2009-Customs

            New Delhi, the 30th April, 2009

            G.S.R.    (E). – Whereas in the matter of import of Cable ties (hereinafter referred to as the subject goods), falling under the sub-heading 3926 90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), originating in, or exported from, the People’s Republic of China and Taiwan (hereinafter referred to as the subject countries), the designated authority in its preliminary findingsvide notification   No. 14/10/2007-DGAD, dated 23^rd September, 2008  published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24^th September, 2008  had come to the conclusion that–

(a)    the subject goods had been exported to India from the subject countries below its normal value;

(b)    the domestic industry had suffered material injury; and

(c)    the injury had been caused by the dumped imports from the subject countries;

and had recommended the imposition of provisional anti-dumping duty on  imports of the 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 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 118/2008-Customs, dated 31st October, 2008, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 762(E), dated the 31st October, 2008;

            And whereas, the designated authority in its final findings vide notification No. 14/10/2007-DGAD dated the 31st March, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st March, 2009, has come to the conclusion that-

(a)    the subject goods have been exported to India from the subject countries at dumped prices and dumping margins have been substantial and above de minimis level;

(b)    the domestic industry has suffered material injury; and

(c)    the injury has been caused by the dumped imports from the subject countries;

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

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), 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 , 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 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 country as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the country as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate  which is equivalent to difference between the reference price mentioned in the corresponding entry in column (9) in the currency as specified in the corresponding entry in column (11)  and as per unit of measurement as specified in the corresponding entry in column (10), of the said Table and the landed value of imported goods in like currency as per like unit of measurement.

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, that is, the 31st October, 2008, and shall be payable in Indian currency.

Explanation. - For the purposes of this notification,-

 (a) “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, 8B, 9 and 9A of the said Customs Tariff Act, 1975; and

(b) 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 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.354/165/2008 –TRU]

(Unmesh Sharad Wagh)

Under secretary to the Government of India