Notification No. 48/2016, Dated 1st September 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. 48/2016 - Customs (ADD)

New Delhi, the 1 st of September, 2016

G.S.R. (E). – Whereas, the designated authority, vide notification No. 15/10/2015- DGAD, dated the 7th July, 2015, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 8 th July, 2015, had initiated a review in the matter of continuation of antidumping duty on imports of “Glass Fibre and Articles thereof (hereinafter referred to as the subject goods)”, falling under heading 7019 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'), (hereinafter referred to as the subject country), imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 30/2011- Customs, dated the 4th March, 2011, published in the Gazette of India, Part II, Section 3, Subsection (i), vide number G.S.R. 188(E), dated the 4th March, 2011, 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 country vide notification No. 33/2015-Customs (ADD), dated the 13th July, 2015, published in the Gazette of India, Part II, Section 3, Sub-section (i), vide number G.S.R. 554(E), dated the 13th July, 2015 up to and inclusive of 13th July, 2016;

And whereas the designated authority vide notification No. 15/10/2015-DGAD, dated the 6 th July, 2016, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 6 th July, 2016 has concluded that –

a)     the subject goods have been exported to India from the subject country below its normal value;

b) the subject goods from the subject country continue to enter the Indian market at dumped prices;

c) the domestic industry has suffered material injury; d) there is likelihood of recurrence of injury in case of cessation of Anti-dumping duties;

and having regard to the lesser duty rule, has recommended continuation of ad-valorem antidumping duty as a percentage of the CIF value of imports of the subject goods from the subject country;

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), the specification of which is specified in the corresponding entry in column (4), originating in the country specified in the corresponding entry in column (5), exported from the country specified in the corresponding entry in column (6), produced by the producer specified in the corresponding entry in column (7) and exported by the exporter specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty equal to the amount arrived at by applying the percentage indicated in the corresponding entry in column (9), of the said Table.

(*) glass fibre, including glass roving [assembled rovings (AR), direct rovings (DR)], glass chopped strands (CS), glass chopped strands mats (CSM). Specifically excluded from the scope of the product under consideration are glass wool, fibre glass wool, fibre glass insulation in wool form, glass yarn, glass woven fabrics, glass fibre fabric, glass woven rovings, chopped strands meant for thermoplastic applications, micro glass fibre used in battery separator, surface mat/surface veil/tissue, wet chopped strands and Cemfil (alkali resistant glass fibre for concrete reinforcement)

2.   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. 354/95/2010-TRU]

(Anurag Sehgal)
Under Secretary to the Government of India