Notification No. 50/2009, 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.  50/2009-Customs

New Delhi, the 15^th May, 2009

G.S.R.    (E).- Whereas, in the matter of import of Cathode Ray Colour Television Picture Tubes (hereinafter referred to as the subject goods), falling under sub-heading 8540 11 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in, or exported from Malaysia, Thailand, China PR and Korea RP (hereinafter referred to as the subject countries), the designated authority, in its preliminary findings vide notification No. 14/8/2007-DGAD, dated the  7^th May, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th May, 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;

(c)       the injury had been caused by the dumped imports 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 No. 90/2008-Customs, dated the 24^th July, 2008, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R.     556(E), dated the 24^th July, 2008;

And whereas, the designated authority, in its final findings vide notification No. 14/8/2007-DGAD, dated the 17^th February, 2009, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 17^th February, 2009, has come to the conclusion that -

(a)    Imports originating in the subject country are taking place at dumped prices and the same have caused material injury to the domestic industry;

(b)   Decline in market share of domestic industry as a consequence of increase in market share of subject imports from the subject country prevented the domestic industry from increasing their sales commensurate to growth in demand;

(c)    Significant price-undercutting and substantial increase in the volume of dumped imports adversely affected the performance of the domestic industry in terms of profits, cash flow, and return on investment;

(d)   Significant increase in volume of dumped imports from the subject country (both in absolute terms as well as in relation to the share in demand) has resulted in significant decline in market share of the domestic industry;

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-sections (1) and (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 final 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 (8), originating in the countries as specified in the corresponding entry in column (4) and produced by the producers as specified in the corresponding entry in column (6), when exported from the countries as 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 which shall be equal to the difference between the amount specified in the corresponding entry in column (9) and the landed value, 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

Explanation. - For the purposes of this notification, -

(a)     “television picture tubes” means complete or incomplete thermionic, cold cathode or photo cathode valves and tubes such as vacuum or vapor or gas filled valves and tubes, mercury arc rectifying valves and tubes, also called cathode ray tubes, television camera tubes or cathode ray colour television picture tubes, or colour television picture tubes, or colour picture tubes etc. but does not include video and computer monitor cathode ray tubes.

(b)    if imports of bare tubes are reported, the benchmark, that is, the amount specified in column (9) of the Table, would be reduced by an amount as specified, namely, (i) US$ 2.75 for 14”, (ii) US $ 3.33 for 15” (iii) US $ 4.13 for 20” (iv) US $ 3.84 for 21”.

(c)      “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.

(d)     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 Customs Act.

(e)    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, 24^th July, 2008, and shall be payable in Indian currency.

[F. No: 354/87/2008- TRU] 

(Unmesh Wagh)

Under Secretary to the Government of India