Notification No. 15/2016, Dated 26th April 2016

[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. 15/2016-Customs (ADD)

New Delhi, the 26^th April, 2016

G.S.R. (E). – Whereas, the designated authority, vide notification No. 15/20/2014-DGAD, dated the 6th December, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th December, 2014, had initiated a review in the matter of continuation of anti-dumping duty on imports of Synchronous Digital Hierarchy Transmission Equipment (hereinafter referred to as the subject goods), falling under sub-headings 8517 62 or 8517 70 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 People’s Republic of China and Israel (hereinafter referred to as subject countries), imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 125/2010- Customs, dated the 16th December, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.981(E), dated the 16th December, 2010;

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 7th December, 2015, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.01/2015-Customs(ADD), dated the 5th January, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 8(E), dated the 5th January, 2015;

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. 15/20/2014-DGAD, dated the 5th February, 2016, in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th February, 2016 has come to the conclusion that-

(i)                As far as Huawei China, ZTE Corporation Ltd, China, Alcatel-Lucent Shanghai Bell Co. Ltd., China are concerned, there is continued dumping of the subject goods from these companies in the period of investigation. Dumped imports were causing injury to the domestic industry in the period of investigation;

(ii)             As far as HETC, China is concerned, there is negligible dumping in the period of investigation (POI) and in this behalf, the Authority has, therefore, examined the post POI exports to India as well as third countries and found that the same were un-dumped. Therefore, there was no likelihood of dumping;

(iii)           As far as ECI Telecom, Israel is concerned, the exports of the subject goods to India in the POI and to India as well as third countries in the post-POI were not at dumped prices and thus there is no likelihood of dumped imports from ECI Telecom, Israel if the duty is revoked;

and has recommended imposition of the definitive anti-dumping duty on the subject goods, originating in or exported from the subject countries.