GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 125 /2010-Customs
New Delhi, the 16th December, 2010
G.S.R. (E). – Whereas the designated authority in its preliminary findings vide
notification number 14/2/2009-DGAD, dated the 7th September, 2009, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th September,
2009, had come to the conclusion that various parameters relating to domestic
industry collectively and cumulatively established that the domestic industry
had suffered material injury in case of imports of Synchronous Digital Hierarchy
transmission equipment, originated in or exported, from China PR and Israel
falling under sub-heading 851762 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act),
and had recommended imposition of provisional anti-dumping duty on the imports
of the said equipment, originating in or exported from, China PR and Israel;
And whereas, on the basis of the aforesaid preliminary findings of the
designated authority, the Central Government had imposed provisional
anti-dumping duty on the Synchronous Digital Hierarchy transmission equipment,
originated in or exported, from China PR and Israel vide notification of the
Government of India in the Ministry of Finance (Department of Revenue),
No.
132/2009-Customs, dated 8th December, 2009 published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.867 (E),
dated the 8th December, 2009;
And whereas, the designated authority in its final findings vide notification
number 14/2/2009-DGAD dated 19th October 2010, has come to the conclusion that
various parameters relating to domestic industry collectively and cumulatively
established that the domestic industry has suffered material injury in case of
imports of Synchronous Digital Hierarchy transmission equipment, originated in
or exported, from China PR and Israel falling under sub-heading 851762 of the
said Customs Tariff Act, (hereinafter referred to as the subject goods) and has
recommended imposition of definitive anti-dumping duty on the imports of
Synchronous Digital Hierarchy transmission equipment, originated in or exported,
from China PR and Israel ;
Now, therefore, in exercise of the powers conferred by sub-section (1), read
with sub-section (5) of section 9A of the said Customs Tariff Act and 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, on the basis of 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 sub-
heading of the First Schedule to the said Customs Tariff Act as specified in the
corresponding entry in column (2), originating in the country as specified in
the corresponding entry in column (4), and produced by the producers as
specified in the corresponding entry in column (6), when exported from the
country as specified in the corresponding entry in column (5), by the exporters
as specified in the corresponding entry in column (7), and imported into India,
an anti-dumping duty at the rate equal to the amount indicated in the
corresponding entry in column (8), and per unit of measurement as specified in
the corresponding entry in column (9), of the said Table.
Table
S. No |
Sub-heading |
Description |
Country of origin |
Country of Export |
Producer |
Exporter |
Amount |
Unit of Measurement |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
1 |
851762 or 851770 |
Synchronous Digital Hierarchy Transmission Equipment
as specified in Notes 1 to 5. |
China PR |
China PR |
M/S Fibrehome Telecommunication Technologies Ltd.
|
M/S Fibrehome Telecommunication Technologies Ltd.
|
266% |
% of CIF Value of Imports |
2 |
851762 or 851770 |
Synchronous Digital Hierarchy Transmission Equipment
as specified in Notes 1 to 5. |
China PR |
China PR |
Alcatel-Lucent Shanghai Bell Co. Ltd.
|
Alcatel-Lucent Shanghai Bell Co. Ltd.
|
45% |
% of CIF Value of Imports |
3 |
851762 or 851770 |
Synchronous Digital Hierarchy Transmission Equipment
as specified in Notes 1 to 5. |
China PR |
China PR |
M/S ZTE Corporation |
M/S ZTE Corporation |
36% |
% of CIF Value of Imports |
4 |
851762 or 851770 |
Synchronous Digital Hierarchy Transmission Equipment
as specified in Notes 1 to 5. |
China PR |
China PR |
M/S Hangzhou ECI Telecommunication Co. Ltd
|
M/S ECI Telecom Ltd., Israel |
7% |
% of CIF Value of Imports |
5 |
851762 or 851770 |
Synchronous Digital Hierarchy Transmission Equipment
as specified in Notes 1 to 5. |
China PR |
China PR |
Any other combination other than as at Sl. 1,2,3 and
4 above |
Any |
266% |
% of CIF Value of Imports |
6 |
851762 or 851770 |
Synchronous Digital Hierarchy Transmission Equipment
as specified in Notes 1 to 5. |
China PR |
Any other than China PR |
Any |
Any |
266% |
% of CIF Value of Imports |
7 |
851762 or 851770 |
Synchronous Digital Hierarchy Transmission Equipment
as specified in Notes 1 to 5. |
Any |
China PR |
Any |
Any |
266% |
% of CIF Value of Imports |
8 |
851762 or 851770 |
Synchronous Digital Hierarchy Transmission Equipment
as specified in Notes 1 to 5. |
Israel |
Israel |
M/S ECI Telecom Ltd., Israel |
M/S ECI Telecom Ltd., Israel |
3% |
% of CIF Value of Imports |
9 |
851762 or 851770 |
Synchronous Digital Hierarchy Transmission Equipment
as specified in Notes 1 to 5. |
Israel |
Israel |
Any other than combination as at Sr. No.8 above
|
Any |
70% |
% of CIF Value of Imports |
10 |
851762 or 851770 |
Synchronous Digital Hierarchy Transmission Equipment
as specified in Notes 1 to 5. |
Israel |
Any other than China PR and Israel |
Any |
Any |
70% |
% of CIF Value of Imports |
11 |
851762 or 851770 |
Synchronous Digital Hierarchy Transmission Equipment
as specified in Notes 1 to 5. |
Any other than China PR |
Israel |
Any |
Any |
70% |
% of CIF Value of Imports |
Note 1.- The product under consideration will include “Synchronous Digital
Hierarchy (SDH) transmission equipment, viz. STM-1, STM-4, STM-16, STM-64,
STM-256 in assembled, CKD, SKD form, its assemblies and sub-assemblies or fitted
with eventual broadband or cellular equipment. Product under consideration will
also include Add Drop Multiplexers (ADM) (For SDH Application only), Multiple
Add Drop Multiplexers (MADM) (For SDH Application only), and Digital Cross
Connect (DXC) (For SDH Application only), Populated Circuit Boards (For SDH
Application Only) and parts or components imported as a part of equipment, so
long they are imported along with the equipment or its assemblies or
sub-assemblies. The Product under consideration will also include Software meant
for SDH, which is an integral part of these equipments, which may be bought
either as a part of the equipment or separately but the components or parts
imported on a standalone basis are outside the purview of Product under
Consideration
Note 2. SDH Equipment essentially transmits signals through the medium of
Optical Fibre. There may be SDH equipment meant for transmission through
electrical Copper Medium or Microwave Radio Medium. The SDH Equipment
transmitting the data through optical fibre alone shall be subject to levy of
antidumping duty.
Note 3. When SDH is imported as a part of eventual broadband or cellular
equipment, the anti-dumping duty shall be payable only on the SDH portion of the
imports. Similarly when eventual Broadband or Cellular equipment is imported as
a part of the SDH equipment, the anti-dumping duty shall be payable only on the
SDH portion of the imports.
Note 4 PDH, CWDM, DWDM, Microwave systems, GPON ,DSLAM, MSAN, BITS, Routers,
PTN, PDSN, SGSN, MGW, BTS, BSC, MSC, ONT, HLR, HSS and MRP being non-SDH in any
of its form are outside the scope of product under consideration and therefore
not subject to levy of anti-dumping duty.
Note 5. Microwaves Radio Terminals which could have an STM-1 interface to the
SDH transmission equipment and act as a physical media to enable the
connectivity between the radio and the SDH equipment are outside the purview of
payment of anti-dumping duty.
2. The anti-dumping duty imposed shall be levied for a period of five years
(unless revoked, superseded or amended earlier) from the date of imposition of
the provisional anti-dumping duty, that is, the 8th December, 2009 for the
imports of the subject goods originating in or exported from, China PR and
Israel and the anti-dumping duty imposed shall be payable 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, 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 ofs entry under section 46 of the said
Customs Act.
( Vikas )
Under Secretary to the Government of India
[F.No.354/204/2009 –TRU]