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Notification No. 47/2014, Dated 9th Dec 2014

TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA, EXTRAORDINARY]

                                                          

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

 

Notification No. 47/2014-Customs (ADD)

 

New Delhi, the 9th December, 2014

             

            G.S.R.       (E). – Whereas, the designated authority, vide  notification No. 15/20/2013-DGAD, dated the 17th October, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of Cable Ties (hereinafter referred to as the subject goods) falling under heading 3926 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 the People’s Republic of China and Chinese Taipei (hereinafter referred to as the subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 44/2009- CUSTOMS, dated the 30th April, 2009,  published in the Gazette of India, Extraordinary,  Part II, Section 3, Sub-section (i) vide number G.S.R. 296(E), dated the 30th April, 2009;

 

            And whereas, the notification No. 44/2009-CUSTOMS, dated the 30th April, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 296 (E), dated the 30th April, 2009 was superseded by notification No. 56/2012-Customs (ADD), dated the 14th December, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 891(E), dated the 14th December, 2012 whereby modified anti-dumping duty was imposed on the subject goods valid upto the 30th October, 2013;

           

            And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject countries upto and inclusive of the 30th October, 2014 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 28/2013-Customs (ADD), dated the 12th November, 2013, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number G.S.R 732(E), dated the 12th November, 2013;

 

            And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject countries, the designated authority in its final findings, published vide notification No. 15/20/2013-DGAD, dated the 16th October, 2014, in Part I, Section 1 of the Gazette of India, Extraordinary, has come to the conclusion that- 

 

(i)   the subject goods from subject countries are entering the Indian market at dumped prices and dumping margin is significant;

(ii)   the domestic industry continues to suffer material injury on account of continued dumping of subject goods from subject countries; dumping of the product under consideration is likely to intensify from the subject country should the current anti-dumping duty be withdrawn;

(iii)  the dumping and injury is likely to continue if the anti dumping duty is revoked;

(iv)  the anti-dumping duties are required to be continued,

 

and has recommended imposition of the anti-dumping duty on 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 Customs Tariff Act, 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, 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, specification of which is mentioned in column (4), falling under sub-heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2),  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 as per unit of measurement as specified in the corresponding entry in column (10) of the said Table, namely:-

 

Table

Sl.No.

Sub-heading

Description of goods

Specification

Country of origin

Country of export

Producer

Exporter

Amount

Unit

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1

3926 90

Cable Ties

Any

People’s Republic of China

People’s Republic of China

M/s Changhong

Plastics Group

Imperial Plastics

Co. Ltd.

M/s Changhong

Plastics Group

Imperial Plastics

Co. Ltd.

1.99

Kg

US Dollar

2

3926 90

Cable Ties

Any

People’s Republic of China

People’s Republic of China

M/s Changhong

Plastics Group

Imperial Plastics

Co. Ltd.

M/s Changhong

Plastics Group

Co. Ltd.

1.99

Kg

US Dollar

3

3926 90

Cable Ties

Any

People’s Republic of China

People’s Republic of China

Any producer other than those at Sl. No 1 and 2 above

Any exporter other than those at Sl. No 1 and  2 above

2.13

Kg

US Dollar

4

3926 90

Cable Ties

Any

People’s Republic of China

Any country other than  subject countries

Any

Any

2.13

Kg

US Dollar

5

3926 90

Cable Ties

Any

Any country other than  subject countries

People’s Republic of China

Any

Any

2.13

Kg

US Dollar

6

3926 90

Cable Ties

Any

Chinese Taipei

Chinese Taipei

Any

Any

1.29

Kg

US Dollar

7

3926 90

Cable Ties

Any

Chinese Taipei

Any country other than  subject countries

Any

Any

1.29

Kg

US Dollar

8

3926 90

Cable Ties

Any

Any country other than  subject countries

Chinese Taipei

Any

Any

1.29

Kg

US Dollar

 

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 Official Gazette and shall be paid in Indian currency.

 

Explanation.-   For the purposes 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, 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.   

 

 

 [F.No. 354/165/2008-TRU (Pt.-I)]

 

 

 (Akshay Joshi)

Under Secretary to the Government of India

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