Notification No. 18/2013, Dated 8th Aug 2013

[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. 18/2013-Customs (ADD)

New Delhi, dated the 8th August, 2013

G.S.R.   538 (E). – Whereas, in the matter of resin or other organic substances bonded wood or ligneous fibre boards of thickness below 6mm, except insulation boards, laminated fibre boards and boards which are not bonded either by resin or other organic substances (hereinafter referred to as the subject goods), classified within Chapter 44 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in, or exported from, China PR, Indonesia, Malaysia and Sri Lanka (hereinafter referred to as the subject countries) and imported into India, the Designated Authority vide its preliminary findings No. 14/29/2010-DGAD, dated the 23rd July, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd July, 2012, had come to the conclusion that –

(a)   the subject goods had been exported to India from the subject countries below their normal value, thus resulting in dumping of the subject goods;

(b)   the domestic industry had suffered material injury in respect of subject goods;

 (c)  the material injury to the domestic industry has been caused by the dumped imports of the subject goods from subject countries;

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

And whereas on the basis of the aforesaid preliminary findings of the Designated Authority, the Central Government had imposed provisional anti-dumping duty, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 43/2012-Customs(ADD), dated the 21st September, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section(i), vide number G.S.R. 710(E), dated the 21st September, 2012;

And whereas the Designated Authority vide its final findings No. 14/29/2010-DGAD, dated 10th May, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10thMay, 2013 has come to the conclusion that –

(i)     the product under consideration has been exported to India from the subject countries below the associated normal values, thus resulting in dumping of the subject goods from the subject countries;

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

(iii)     the material injury to the domestic industry has been caused by the dumped imports of the subject goods from the subject countries.

and has recommended imposition of definitive anti-dumping duty 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-section (1) of section 9A of the Customs Tariff Act,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 Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes definitive anti-dumping duty on the subject goods, the description of which is specified in column (3) of the Table below, falling under the heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as  specified in the corresponding entry in column (4), and exported from the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (6), and exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the difference between the amount as specified in the corresponding entry in column (8) and the landed value, in the currency as specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9) of the said Table:- 

Table

Note: 1.  For the purpose of this notification, 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, under 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.    

Note: 2.   The anti-dumping duty imposed under this notification shall be effective for a period of 18 months (unless revoked, amended or superseded earlier) from the date of publication of this notification in the Official Gazette and shall be payable in Indian currency.

   [F.No.354/140/2012 –TRU]

 (Raj Kumar Digvijay)

Under Secretary to the Government of India.