GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, the 23rd March, 2010.
Notification No. 39/2010-Customs
G.S.R. (E).- Whereas, in the matter of import of all kinds of plastic processing
or injection moulding machines, also known as injection presses, having clamping
force not less than 40 tonnes (hereinafter referred to as the subject goods),
falling under tariff item 8477 10 00 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975), originating in or exported from, People's Republic of
China (hereinafter referred to as the subject country), the designated
authority, in its preliminary findings, vide, notification No. 14/12/2008-DGAD,
dated the 10th February, 2009, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 10th February, 2009, had come to the conclusion
that-
- the subject goods had entered the Indian market from the subject country at
prices less than their normal values in the domestic market of the exporting
country;
- the dumping margins of the subject goods imported from the subject country
were substantial and above de minimis; and
- the domestic industry had suffered material injury and the injury had 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
country;
and had recommended the imposition of provisional anti-dumping duty on all
imports of the 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. 47/2009-Customs, dated 12th May, 2009, published in
the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i), vide,
number G.S.R. 316(E), dated the 12th May, 2009;
And whereas, the designated authority in its final findings, vide, notification
No. 14/12/2008-DGAD dated the 31st December, 2009, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 1st January, 2010, has come
to the conclusion that-
- the subject goods have entered the Indian market from the subject country at
prices less than their normal values in the domestic market of the exporting
country;
- the dumping margins of the subject goods imported from the subject country
are
substantial and above de minimis; and
- 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
country;
and had recommended the imposition of definitive anti-dumping duty on imports of
the subject goods originating in, or exported, from the subject country;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5)
of section 9A of the Customs Tariff Act, 1975 (51 of 1975) 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, 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 tariff item
of the First Schedule to the said Customs Tariff Act as specified in the
corresponding entry in column (2), the specification of which is specified in
column (4), originating in the country as specified in the corresponding entry
in column (5) and produced by the producer as specified in the corresponding
entry in column (7), when exported from the country as specified in the
corresponding entry in column (6), by the exporter as specified in the
corresponding entry in column (8), 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 (9) of the said
Table.
Table
Sl. No |
Tariff Item |
Description of goods |
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
% of CIF Value |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
1 |
8477 10 00 |
Plastic Processing or Injection Moulding Machines* |
Clamping force equal to or more than 40 Tons and equal to or less than 1000
tons. |
People's Republic of China |
People's Republic of China |
M/s Guanzhou Borch Machinery Co. Ltd |
M/s Guanzhou Borch Machinery Co. Ltd |
60% |
2 |
8477 10 00 |
Plastic Processing or Injection Moulding Machines* |
Clamping force equal to or more than 40 Tons and equal to or less than 1000
tons. |
People's Republic of China |
People's Republic of China |
M/s Zhejiang Sound Machinery Manufacture Co. Ltd. |
M/s Zhejiang Sound Machinery Manufacture Co. Ltd. |
135% |
3 |
8477 10 00 |
Plastic Processing or Injection Moulding Machines* |
Clamping force equal to or more than 40 Tons and equal to or less than 1000
tons. |
People's Republic of China |
People's Republic of China |
M/s Zhejiang Golden Eagle Plastics Machinery Co. Ltd.
|
M/s Zhejiang Golden Eagle Co. Ltd. |
126% |
4 |
8477 10 00 |
Plastic Processing or Injection Moulding Machines* |
Clamping force equal to or more than 40 Tons and equal to or less than 1000
tons. |
People's Republic of China |
People's Republic of China |
M/s Ningbo Liguang Machinery Co. Ltd. |
M/s Ningbo Liguang Machinery Co. Ltd. |
81% |
5 |
8477 10 00 |
Plastic Processing or Injection Moulding Machines* |
Clamping force equal to or more than 40 Tons and equal to or less than 1000
tons. |
People's Republic of China |
People's Republic of China |
M/s Ningbo Haixing Plastics Machinery Mfg. Co. Ltd. |
M/s Ningbo Haixing Plastics Machinery Mfg. Co. Ltd. |
100% |
6 |
8477 10 00 |
Plastic Processing or Injection Moulding Machines* |
Clamping force equal to or more than 40 Tons and equal to or less than 1000
tons. |
People's Republic of China |
People's Republic of China |
M/s Hangzhou Tederic Machinery Co. Ltd. |
M/s Hangzhou Tederic Machinery Co. Ltd. |
68% |
7 |
8477 10 00 |
Plastic Processing or Injection Moulding Machines* |
Clamping force equal to or more than 40 Tons and equal to or less than 1000
tons. |
People's Republic of China |
People's Republic of China |
Ningbo Haitian Plastic Machinery Group |
Ningbo Haitian Plastic Machinery Group |
79% |
8 |
8477 10 00 |
Plastic Processing or Injection Moulding Machines* |
Clamping force equal to or more than 40 Tons and equal to or less than 1000
tons. |
People's Republic of China |
People's Republic of China |
Haitian Heavywork Machinery Co. Ltd. |
Haitian Heavywork Machinery Co. Ltd. |
105% |
9 |
8477 10 00 |
Plastic Processing or Injection Moulding Machines* |
Clamping force equal to or more than 40 Tons and equal to or less than 1000
tons. |
People's Republic of China |
People's Republic of China |
Ningbo Haitian Huayuan Machinery Co. Ltd. |
Ningbo Haitian Huayuan Machinery Co. Ltd. |
76% |
10 |
8477 10 00 |
Plastic Processing or Injection Moulding Machines* |
Clamping force equal to or more than 40 Tons and equal to or less than 1000
tons. |
People's Republic of China |
People's Republic of China |
M/s Smargon Plastic Machinery Co. Ltd. |
M/s Wenzhou Smargon Import & Export Co. Ltd. |
174% |
11 |
8477 10 00 |
Plastic Processing or Injection Moulding Machines* |
Clamping force equal to or more than 40 Tons and equal to or less than 1000
tons. |
People's Republic of China |
People's Republic of China |
Any combination of producer and exporter other than at Sr. No. 1 to 10 above.
|
174% |
12 |
8477 10 00 |
Plastic Processing or Injection Moulding Machines* |
Clamping force equal to or more than 40 Tons and equal to or less than 1000
tons. |
People's Republic of China |
Any country other than People's Republic of China
|
Any |
Any |
174% |
13 |
8477 10 00 |
Plastic Processing or Injection Moulding Machines* |
Clamping force equal to or more than 40 Tons and equal to or less than 1000
tons. |
Any country other than People's Republic of China
|
China PR |
Any |
Any |
174% |
*The following shall be excluded from the levy of anti-dumping duty imposed
under this notification,
- Blow moulding Machines classified under Customs Tariff Classification No.
847730.
- Vertical injection moulding machines
- All electric injection moulding machines wherein the mechanical movements
such as injection, mould closing, mould opening, ejection, screw drive, etc. are
controlled by independent servo motors and having digital control system and
without Hydraulic Unit,
- Multicolor / mutlimould machinery for making footwear, Rotary injection
moulding machinery for making footwear and footwear sole/strap/heel injection
moulding machine classified under the Customs Tariff Classification No. 8453.
2. The anti-dumping duty imposed under this notification 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, 12th May, 2009
and shall be payable in Indian currency.
Explanation.- 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. 354/53/2009-TRU]
(Prashant Kumar)
Under Secretary to the Government of India