[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. 49/2017-Customs (ADD)
New Delhi, the
17th October, 2017
G.S.R. (E). Whereas, in
the matter of “Colour coated/pre-painted flat products of alloy or non-alloy
steel” (hereinafter referred to as the ‘subject goods’), falling under headings
7210, 7212, 7225 or 7226 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 European
Union (hereinafter referred to as the ‘subject countries’), and imported into
India, the designated authority in its preliminary findings published in the
Gazette of India, Extraordinary, Part I, Section 1, vide notification number
14/28/2016-DGAD, dated the 20th October, 2016, 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 findings of the designated authority, the Central
Government had imposed provisional anti-dumping duty on the subject goods vide
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 02/2017-Customs (ADD), dated the 11th January, 2017, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i),
vide number G.S.R. 21 (E), dated the 11th January, 2017;
And, whereas, the
designated authority in its final findings vide notification
No.14/28/2016-DGAD, dated the 30th August, 2017, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 30th August, 2017, has come
to the conclusion that-
(i)
the subject goods have been exported to
India from the subject countries below its normal value, resulting in dumping;
(ii)
the domestic industry has suffered
material injury due to dumping of the subject goods from the subject countries;
(iii)
the material injury has been caused by
the dumped imports of subject goods from the subject countries,
And has recommended imposition
of definitive anti-dumping duty on imports of the subject goods, originating
in, or exported from subject countries and imported into India, in order to
remove injury to the domestic industry.
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 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,
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, falling under heading 2 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
(4), exported from the countries as specified in the corresponding entry in
column (5), produced by the producers as specified in the corresponding entry
in column (6), exported by the exporters as specified in the corresponding
entry in column (7) and imported into India, an anti-dumping duty at a rate
which is equivalent to difference between the landed value of the subject goods
and the amount mentioned in the corresponding entry in column (8), provided the
landed value is less than the value specified 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, namely
:-
TABLE
Sl. No. |
Heading/ Sub - heading |
Description of goods* |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
1. |
7210, 7212, 7225 or 7226 |
Pre-painted, painted, colour coated or
organic coated flat steels in coils or not in coils whether or not with metallic
coated substrate of zinc, aluminiumzinc or any other substrate coating |
China PR |
China PR |
Any |
Any |
822 |
Metric tonne |
United states Dollar |
2. |
- do - |
-do- |
China PR |
Any country other than the subject
countries |
Any |
Any |
822 |
Metric tonne |
United states Dollar |
3. |
- do - |
-do- |
Any country other than the subject
countries |
China PR |
Any |
Any |
822 |
Metric tonne |
United states Dollar |
4. |
-do- |
-do- |
Europea n Union |
Europea n Union |
Any |
Any |
822 |
Metric tonne |
United states Dollar |
5. |
-do- |
-do- |
|
|
Any |
Any |
822 |
Metric tonne |
United states Dollar |
6. |
-do- |
-do- |
|
|
Any |
Any |
822 |
Metric tonne |
United states Dollar |
*Note: The description of goods does not include the
plates of thickness of 6mm or more.
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 aforesaid date
of imposition of the provisional anti-dumping duty, that is, the 11th January,
2017 and shall be payable in Indian currency:
Provided that the said
anti-dumping, duty shall not be levied for the period commencing 4 from the date
of the lapse of the provisional anti-dumping duty, that is, the 10th July, 2017
up to the preceding day of the publication of this notification in the Official
Gazette.
Explanation. - For the purposes of this
notification, -
(a) “landed value” of
imports means the assessable value as determined by the customs under the
Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties
levied under sections 3, 3A, 8B, 9 and 9A of the Customs Tariff Act, 1975;
(b) rate of exchange
applicable for the purpose 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, 1962.
[F. No. 354/190/2016-TRU]
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