Notification No. 43/2018, Dated 06 September 2018

[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. 43/2018-Customs (ADD)

New Delhi, the 6th September, 2018

G.S.R. (E).- Whereas, in the matter of review of anti-dumping duty on import of Glass Fibre and articles thereof, falling under the heading 7019 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 (in short ‘China PR’), the designated authority, vide its final findings in notification No. 15/04/2015 -DGAD, dated the 6th July 2016, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th July 2016, had recommended imposition of the anti-dumping duty on Glass Fibre and articles thereof, originating in or exported from China PR.

            And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Glass Fibre and articles thereof, originating in or exported from China PR, vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), No.48/2016-Customs (ADD), dated the 1st September, 2016, published vide G.S.R. 846(E) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), dated the 1st September, 2016;

            And whereas, the designated authority, published vide notification No.7/25/2017- DGAD, dated the 12th February, 2018, in the Gazette of India, Extraordinary, Part I, Section 1, in the matter of circumvention of the anti-dumping duty imposed on imports of Glass Fibre and articles thereof, had initiated an investigation to determine the need for extending anti-dumping duty imposed on the imports of Glass Fibre and articles thereof, originating in or exported from China PR, vide, notification of the Government of India in the Ministry of Finance, Department of Revenue No.48/2016-Customs (ADD), dated the 1st September, 2016, published vide G.S.R. 846 (E) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), dated the 1st September, 2016, to the imports of Chopped Strand Mats or CSM (hereinafter referred to as the ‘subject goods’) falling under the heading 7019 of the First Schedule to the Customs Tariff Act, originating in, or exported from, Thailand (hereinafter referred to as the subject country) into India

            And whereas, the designated authority in its final findings, published vide notification No.7/25/2017- DGAD, dated the 30th July, 2018, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-

(a)the anti-dumping duty imposed on imports of Glass Fibre, originating and exported from China PR vide Customs Notification No. 48/2016-Customs (ADD) dated 1st September, 2016 was circumvented through exports of CSM from M/s Asia Composite Materials (Thailand) Co., Ltd, Thailand pursuant to Rule 25 (3) of the Customs Tariff (Identification, Assessment And Collection Of Antidumping Duty On Dumped Articles and for Determination Of Injury) Rules, 1995 Rules;

(b) CSM has been exported at dumped prices during the period of investigation;

(c) CSM exports from Thailand has undermined the existing anti-dumping measure on Glass Fibre, originating and exported from China PR vide Customs Notification No. 48/2016-Customs (ADD) dated 1st September, 2016;

            and has recommended imposition of existing anti-dumping duty imposed on the imports of Glass Fibre and articles thereof originating in or exported from China PR, vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), No.48/2016-Customs (ADD), dated the 1st September, 2016, published vide G.S.R. 846 (E) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), dated the 1st September, 2016, on the subject goods, originating in or exported from the subject country;

            Now, therefore, in exercise of the powers conferred by sub-sections (1), (1A) and (5) of section 9A of the Customs Tariff Act, read with rule 27 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, the specification of which is specified in column (4), 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 (5), exported from the countries as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), exported by the exporters as 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 (9) of the said Table, namely:-

Table

2.         This notification shall remain in force up to and inclusive of the 31st August, 2021, unless revoked earlier, from the date of publication of this notification in the Official Gazette and the anti-dumping duty 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. 354/314/2018-TRU]

(Gunjan Kumar Verma)
Under Secretary to the Government of India