[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. 7/2017-Customs (ADD)
New Delhi, the
17 th February, 2017
G.S.R. (E). - Whereas, in the matter of Seamless
tubes, pipes and hollow profiles of iron, alloy or non-alloy steel (other than
cast iron and stainless steel), whether hot finished or cold drawn or cold
rolled of an external diameter not exceeding 355.6 mm or 14” OD (hereinafter
referred to asthe ‘subject goods’), falling under heading 7304 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 (hereinafter referred to as the ‘subject country’), 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
14/2/2015-DGAD, dated the 31st March, 2016, had recommended imposition of
provisional anti-dumping duty on the imports of subject goods, originating in,
or exported from the subject country;
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. 18/2016-Customs (ADD), dated the 17th May, 2016,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R. 527 (E), dated the 17th May, 2016;
And,
whereas, the designated authority in its final findings vide notification
No.14/02/2015-DGAD, dated the 9th December, 2016, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 9th December, 2016, read
with corrigendum notification No.14/02/2015-DGAD dated the 30th December, 2016
and corrigendum notification No.14/02/2015-DGAD dated the 12th January, 2017, has
come to the conclusion that-
(i)
the subject goods have been exported to
India from the subject country 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 country;
(iii)
the material injury has been caused by
the dumped imports of subject goods from the subject country
and has recommended
imposition of definitive anti-dumping duty on imports of the subject goods,
originating in, or exported from subject country 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, specification of which is specified
in column (8), falling under 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 (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), 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 (9), provided the landed
value is less than the value specified 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 :-
* The description of
goods does not include the imports of the following :-
(i) Seamless Pipes and
Tubes made of cast iron and stainless steel.
(ii) Seamless
alloy-steel pipes, tubes and hollow profiles of specifications of ASTM
A213/ASME SA 213 and ASTM A335/ ASME SA 335 or equivalent BIS/DIN/BS/EN or any
other equivalent specifications
(iii) Non - API and
Premium Joints / Premium Connections / Premium Threaded Tubes and Pipes.
(iv) All 13 Chromium
(13CR) Grade Tubes and Pipes.
(v) Drill Collars.
(vi) High pressure
seamless steel pipe/tube used for manufacturing gas cylinders by producers
approved by the Chief Controller of Explosives, Petroleum and Explosives Safety
Organisation, Government of India.
Specification |
Description |
A-1-1 |
Seamless
Tubing, of a kind used in drilling for oil or gas, Carbon/Non Alloy/ Alloy,
hot finished or cold drawn or cold rolled of an external diameter not
exceeding 355.6 mm or 14" OD |
A-1-2 |
Seamless
Casing, of a kind used in drilling for oil or gas, Carbon/Non Alloy/ Alloy,
hot finished or cold drawn or cold rolled of an external diameter not
exceeding 355.6 mm or 14" OD |
A-1-3 |
Seamless
Mother Hollows, Coupling stock, blanks/ Pup Joints, Carbon/ Non Alloy/ Alloy,
hot finished or cold drawn or cold rolled of an external diameter not
exceeding 355.6 mm or 14" OD |
A-1-4 |
Seamless
Drill Pipes, of a kind used in drilling for oil or gas, Carbon/Non Alloy, hot
finished of an external diameter not exceeding 355.6 mm or 14" OD |
A-1-5 |
Seamless
Tubes, Pipes and hollow profiles including Line pipes of Carbon/Non alloy
steel, hot finished of an external diameter not exceeding 355.6 mm or
14" OD |
A-1-6 |
Seamless
Tubes, Pipes and hollow profiles of circular cross section including Line
pipes of Carbon/Non alloy steel, cold drawn or cold rolled or cold reduced of
an external diameter not exceeding 355.6 mm or 14" OD |
A-1-7 |
Seamless
Tubes, Pipes and hollow profiles of circular cross section including Line
pipes and Bearing tubes of Alloy steel, hot finished, of an external diameter
not exceeding 355.6 mm or 14" OD |
A-1-8 |
Seamless
Tubes, Pipes and hollow profiles of circular cross section including Line
pipes and Bearing tubes of Alloy steel, cold drawn or cold rolled or cold
reduced, of an external diameter not exceeding 355.6 mm or 14" OD |
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 imposition of provisional anti-dumping duty, that is, the 17th May,
2016 and shall be payable in Indian currency:
Provided
that the said anti-dumping duty shall not be levied for the period commencing
from the date of the lapse of the provisional anti-dumping duty, that is, the
17th November, 2016 upto 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 for the purpose of
this notification 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. 354/47/2016-TRU]
(Kshitendra
Verma)
Under Secretary to the Government of India
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