GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, the 8th December, 2009
Notification No. 132/2009-Customs
G.S.R. (E).- Whereas, in the matter of import of all kinds of Synchronous
Digital Hierarchy Transmission Equipment (hereinafter referred to as the subject
goods), falling under sub-heading 8517 62 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), originating in or exported from, People’s
Republic of China (China PR) and Israel (hereinafter referred to as the subject
countries), the designated authority, in its preliminary findings vide
notification No. 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, has come to the conclusion that–
- the subject goods have entered the Indian market from the subject countries
at prices less than their normal values in the domestic markets of the exporting
countries;
- the dumping margins of the subject goods imported from the subject countries
are substantial and above de minimis;
- the domestic industry has suffered material injury and the injury has been
caused to the domestic industry both by volume and price effect of dumped
imports of the subject goods originating in or exported from the subject
countries,
and has recommended imposition of provisional anti-dumping duty on all imports
of the subject goods originating in or exported from the subject countries.
Now, therefore, in exercise of the powers conferred by sub-section (2) of
section 9A of the said Customs Tariff Act, read with rules 13 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 preliminary 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 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 producer 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 exporter as specified in the corresponding entry in
column (7), and imported into India, an anti-dumping duty at the rate to be
worked out as percentage of the CIF value of imports of the subject goods as
specified in the corresponding entry in column (8) 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 |
8517 62 |
Complete Synchronous Digital Hierarchy (SDH) equipment including in CKD / SKD
and including its parts and components which have a dedicated use for the
equipment |
China PR |
China PR |
M/S Fibrehome Telecommunication Technologies Ltd. |
M/S Fibrehome Telecommunication Technologies Ltd. |
236% |
% of CIF Value of Imports |
2 |
-do- |
-do- |
China PR |
China PR |
Alcatel-Lucent Shanghai Bell Co. Ltd. |
Alcatel-Lucent Shanghai Bell Co. Ltd. |
29% |
% of CIF Value of Imports |
3 |
-do- |
-do- |
China PR |
China PR |
M/S Huawei Technologies Co., Ltd. |
M/S Huawei Technologies Co., Ltd |
50% |
% of CIF Value of Imports |
4 |
-do- |
-do- |
China PR |
China PR |
Any other combination than as at Sl. 1, 2 and 3 above
|
Any |
236% |
% of CIF Value of Imports |
5 |
-do- |
-do- |
China PR |
Israel |
M/S Hangzhou ECI Telecommunication Co. Ltd |
M/S ECI Telecom Ltd., Israel |
93% |
% of CIF Value of Imports |
6 |
-do- |
-do- |
China PR |
Israel |
Any other than combination as at Sl.No.5 above |
Any |
236% |
% of CIF Value of Imports |
7 |
-do- |
-do- |
China PR |
Any |
Any |
Any |
236% |
% of CIF Value of Imports |
8 |
-do- |
-do- |
Any other than Israel |
China PR |
Any |
Any |
236% |
% of CIF Value of Imports |
9 |
-do- |
-do- |
Israel |
Israel |
M/S ECI Telecom Ltd., Israel |
M/S ECI Telecom Ltd., Israel |
Nil |
% of CIF Value of Imports |
10 |
-do- |
-do- |
Israel |
Israel |
Any other than combination as at Sl. No. 9 above |
Any |
37% |
% of CIF Value of Imports |
11 |
-do- |
-do- |
Israel |
Any |
Any |
Any |
37% |
% of CIF Value of Imports |
12 |
-do- |
-do- |
Any other than China PR |
Israel |
Any |
Any |
37% |
% of CIF Value of Imports |
Note.- For the purposes of this notification, “CIF value” means assessable value
as determined under section 14 of the Customs Act, 1962 (52 of 1962).
[F. No. 354/204/2009-TRU]
(Limatula Yaden)
Deputy Secretary to the Government of India