Notification No. 48/2012, Dated 8th Oct, 2012

[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. 48 /2012-Customs (ADD)

New Delhi, the 8^th October, 2012

            G.S.R. _(E). _Whereas in the matter of import of Melamine  (hereinafter referred to as the subject goods), falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as  Customs Tariff Act), originating in, or exported from, European Union, Iran, Indonesia and Japan (hereinafter referred to as the subject countries),and imported into India, the designated authority vide its final findings notification No. 14/35/2010-DGAD, dated the 1^st June, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1^st June, 2012, had come to the conclusion that –

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

(ii)   the domestic industry has suffered material injury in respect of such goods;

(iii)  the material injury has been caused by the dumped imports of subject goods from the subject countries;

            and had recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in or exported from the European Union, Iran ,Indonesia and Japan 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 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, 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 tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2),  originating in the country as specified in the corresponding entry in column (4), and produced by the producer as specified in the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by the exporter as specified in the corresponding entry in column (7), 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 (8), in the currency as specified in the corresponding entry in column (10)  and as per unit of measurement as specified in the corresponding entry in column (9), 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 for a period of five years (unless revoked, amended or superseded 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 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 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.354/319/2011 –TRU]

(Rajkumar Digvijay)

Under Secretary to the Government of India.