GOVERNMENT OF INDIA MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 12/2021 -Customs (ADD)
New Delhi, the 5th March, 2021
G.S.R.---(E).- – Whereas, in the matter of “Black
Toner in Powder Form” (hereinafter referred to as the subject goods), falling
under tariff sub-heading 3707 90 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 China PR, Malaysia and Chinese Taipei
(hereinafter referred to as the subject countries) and imported into India, the
designated authority vide its preliminary findings No. 6/6/2020-DGTR, dated the
18 th June, 2020, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 18th June, 2020, had recommended imposition of provisional
anti-dumping duty on the imports of subject goods, originating in, or exported
from the subject countries;
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 with effect from
10th August, 2020 vide notification of the Government of India in the Ministry
of Finance (Department of Revenue), No. 22/2020-Customs (ADD), dated the 10th
August,2020, published in the Gazette of India Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R. 498(E), dated the 10th August,
2020;
And, whereas, the designated authority in its final findings vide
notification No. 6/6/2020-DGTR, dated the 28th January, 2021, published in
the Gazette of India,Extraordinary, Part I, Section 1, dated the 28th
January, 2021, while confirming the preliminary findings dated the 18th June,
2020, has come to the conclusion that-
(i) the product under consideration
has been exported to India from the subject countries below its normal value;
(ii) the domestic industry has suffered material injury; (iii)material injury
has been caused by the dumped imports of the product under consideration from
the subject countries;
and has recommended imposition of definitive
anti-dumping duties on the imports of the subject goods originating in, or
exported from the subject countries;
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, falling under the tariff 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), and imported into India, an anti-dumping duty at the
rate equal to the amount as specified in the corresponding entry in column
(7), in the currency as specified in the corresponding entry in column (9)
and as per unit of measurement as specified in the corresponding entry in column
(8) of the said Table, namely :-
TABLE
S. No |
HS Code |
Description of Goods* |
Country of Origin |
Country of Export |
Producer |
Amount |
Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
1 |
3707 |
Black Toner in Powder Form* |
China PR |
Any country including China PR |
a) Handan Hanguang OA Toner Co., Ltd. b) HG Technologies Co., Ltd. |
1167 |
MT |
USD |
2 |
3707 |
Black Toner in Powder Form* |
China PR |
Any country including China PR |
Any producer other than at serial number 1 |
1458 |
MT |
USD |
3 |
3707 |
Black Toner in Powder Form* |
Any country other than China PR, Malaysia & Taiwan |
China PR |
Any |
1458 |
MT |
USD |
4 |
3707 |
Black Toner in Powder Form* |
Malaysia |
Any country including Malaysia |
Any |
1568 |
MT |
USD |
5 |
3707 |
Black Toner in Powder Form* |
Any country other than Malaysia, China PR |
Malaysia |
Any |
1568 |
MT |
USD |
6 |
3707 |
Black Toner in Powder Form* |
Taiwan |
Any country including Taiwan |
Any |
159 |
MT |
USD |
7 |
3707 |
Black Toner in Powder Form* |
Any country other than Taiwan, China PR & Malaysia |
Taiwan |
Any |
159 |
MT |
USD |
*Black Toner in Powder Form excluding the
following: (i) Color Toner; (ii) MICR Toner (Specialized Toner used for
printing in Cheques); (iii)Toners imported for the use by Original Equipment
Manufacturers of Printing Equipment; (iv) Toner in Cartridges; (v) Toner
in liquid form;
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, the 10th August, 2020, 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 9th February, 2021 upto the preceding day
of the publication of this notification in the Official Gazette.
Explanation.- For the purposes of this notification, 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.
[F. No. 354/91/2020-TRU]
(J. S. Kandhari)
Deputy Secretary to the Government of India
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