Notification No. 10/2010, Dated 19th Feb 2010

[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. 10/2010-Customs

            New Delhi, the 19^th February, 2010

 G.S.R.  (E). -Whereas, the designated authority vide notification No. 15/29/2008-DGAD, dated the 21^st November, 2008, published in Part I, section 1 of the Gazette of India, Extraordinary, dated the 21^stNovember, 2008, had initiated review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act),and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on Melamine (hereinafter referred to as the subject goods), originating in, or exported from, People’s Republic of China (hereinafter referred to as the subject country or China PR), imposed vide  notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 107/2004-Customs dated the 16^th November 2004, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.748(E), dated the 16^th November 2004;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject country upto and inclusive of the 1^st October, 2009 videnotification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 6/2009 -Customs dated the 15^th January, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.30 (E), dated the 15^th January, 2009;

And whereas, the Central Government had further extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject country upto and inclusive of the 1^st April, 2010vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 114/2009 -Customs dated the 1^st October, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.      720(E), dated the 1^st October, 2009;

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 in its final findings issued vide notification No. 15/29/2008-DGAD, dated 20^th November, 2009 published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 20^th November, 2009, had come to the conclusion that-

(i) 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;

(ii) the subject goods were likely to continue to enter the Indian market at dumped prices; and

(iii) while the performance of the domestic industry improved after imposition of anti dumping duties, situation of the domestic industry was fragile and injury to the domestic industry was likely in the event of revocation of anti dumping duties;

and had recommended continued imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from, People’s Republic of China and imported into India, 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 said Customs Tariff Act read with rules 18 and 23 of the said rules, 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 under sub-heading or 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 country as specified in the corresponding entry in column (5), and produced by the producer 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 exporter 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 amount 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 effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Gazette of India. The anti-dumping duty shall be paid 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; 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.354/28/2004 –TRU]  

 (Prashant Kumar)

Under Secretary to the Government of India.