Notification No. 49/2009, Dated 15th May 2009

[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)

Notification No. 49/2009-Customs

New Delhi, the 15^th May, 2009

G.S.R.       (E).- Whereas, the designated authority vide notification No. 15/2/2008-DGAD, dated the 31st March, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st April, 2008, had initiated review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty imposed on steel and fibre glass tapes and their parts and components (hereinafter referred to as the subject goods), originating in or exported from, the People’s Republic of China (hereinafter referred to as the subject country) vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 147/2003-Customs, dated the 7th October, 2003, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 793(E), dated the 7th October, 2003;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods for a period of six months vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 50/2008-Customs, dated the 21^st April, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 296(E), dated the 21^st April, 2008;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods for a further period of six months vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 104/2008-Customs, dated the 10^th September, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 649(E), dated the 10^th September, 2008;

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. 15/2/2008-DGAD, dated the 27^thMarch, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27^th March, 2009, had come to the conclusion that-

(a)  the subject goods were entering the Indian market at dumped prices and dumping margins of the subject goods imported from China PR was substantial and above de-minimis.

(b)  the subject goods were likely to enter the Indian market at dumped prices and the likely dumping margins in respect of imports from China PR was substantial and above de-minimis.

(c)  the subject goods were likely to enter Indian market at dumped prices should the present measures be withdrawn.

(d)  even though the performance of the domestic industry had improved with the imposition of anti-dumping duties, the situation of the domestic industry continued to be fragile and vulnerable and in the event of revocation of the anti dumping duty, the domestic industry in all likelihood would once again be subjected to the recurrence of dumping and injury;

and had recommended continued imposition of definitive anti-dumping duty on the subject goods, originating in, or exported from, the subject country 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, 1975 (51 of 1975) 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, 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 tariff item 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 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 equal to the amount as 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

[F. No. 354/102/2009-TRU] 

(Unmesh Wagh)

Under Secretary to the Government of India