Notification No. 48/2015, Dated 21st Oct 2015

[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. 48/2015-Customs (ADD)

New Delhi, the 21^st of October, 2015

G.S.R.  (E). ? Whereas, the designated authority, vide notification No. 15/28/2013-DGAD, dated the 18^th February, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 19^th February, 2014, had initiated a review in the matter of continuation of anti-dumping duty on imports of Plain medium Density Fibre Board of thickness 6 mm and above (hereinafter referred to as the subject goods), falling under heading 4411 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the Peoples' Republic of China (in short 'China PR'), Malaysia, Thailand and Sri Lanka (hereinafter referred to as the subject countries), imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 116/2009-Customs, dated the 8^th October, 2009, published in the Gazette of India, Part II, Section 3, Sub-section (i), vide number G.S.R. 734(E), dated the 8^th October, 2009, and had requested for extension of anti-dumping duty for an additional period of one year from the date of its expiry, in terms of sub-section (5) of section 9A of the said Customs Tariff Act, pending the completion of the review;

And whereas the Central Government had extended the anti-dumping duty imposed on the subject goods originating in, or exported from, the subject countries vide notification No. 12/2014-Customs (ADD), dated the 12^th March, 2014, published in the Gazette of India, Part II, Section 3, Sub-section (i), vide number G.S.R.­­­­ 181(E), dated the 12^th March, 2014 up to and inclusive of 26^th February, 2015;

And whereas the designated authority vide notification No. 15/28/2013-DGAD, dated the 17^th August, 2015, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 17^th August, 2015 has concluded that ?

1. the subject goods have been exported to India from the subject countries below its associated normal value, thus, resulting in dumping of the product. The domestic industry has suffered material injury in respect of the subject goods. The material injury has been caused by the dumped imports from the subject countries;
2. the imposition of definitive anti-dumping duty is required to offset dumping and consequent injury. Therefore, the designated authority considers it necessary to recommend imposition of definitive anti-dumping duty on the imports of the subject goods originating in or exported from the subject countries;
3. having regard to the lesser duty rule followed by the designated authority, it recommends imposition of definitive anti-dumping duty equal to the lesser of the margin of dumping and the margin of injury, so as to remove the injury to the domestic industry,

and has recommended continuation of anti-dumping duty on imports of 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, 1975 (51 of 1975)  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 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 heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2),  originating in the country specified in the corresponding entry in column (4), exported from the country specified in the corresponding entry in column (5), produced by the producer specified in the corresponding entry in column (6) and exported by the exporter specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount indicated 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.

Table

1.          The anti-dumping duty imposed under this notification shall be effective 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 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, under 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/ 39/2009-TRU] (Pt.-I)

(Anurag Sehgal)

Under Secretary to the Government of India