GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE)
Notification No. 49/2017-Customs (ADD)
New Delhi, the 17th October, 2017
G.S.R. (E). Whereas, in the matter of “Colour coated/pre-painted flat
products of alloy or non-alloy steel” (hereinafter referred to as the ‘subject
goods’), falling under headings 7210, 7212, 7225 or 7226 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 People’s Republic of
China and European Union (hereinafter referred to as the ‘subject countries’),
and imported into India, the designated authority in its preliminary findings
published in the Gazette of India, Extraordinary, Part I, Section 1, vide
notification number 14/28/2016-DGAD, dated the 20th October, 2016, 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 vide notification of the Government of India in the Ministry
of Finance (Department of Revenue),
No. 02/2017-Customs (ADD), dated the 11th
January, 2017, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), vide number G.S.R. 21 (E), dated the 11th January,
2017;
And, whereas, the designated authority in its final findings vide
notification No.14/28/2016-DGAD, dated the 30th August, 2017, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 30th August, 2017,
has come to the conclusion that-
(i) the subject goods have been exported to India from the subject countries
below its normal value, resulting in dumping;
(ii) the domestic industry has suffered material injury due to dumping of the
subject goods from the subject countries;
(iii) the material injury has been caused by the dumped imports of subject
goods from the subject countries,
and has recommended imposition of definitive anti-dumping duty on imports of
the subject goods, originating in, or exported from subject countries and
imported into India, in order to remove injury to the domestic industry.
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 heading 2 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), exported by the exporters as specified in the corresponding
entry in column (7) and imported into India, an anti-dumping duty at a rate
which is equivalent to difference between the landed value of the subject goods
and the amount mentioned in the corresponding entry in column (8), provided the
landed value is less than the value specified in column (8), in the currency as
specified in the corresponding entry in column (10) and as per unit of
measurement as specified in the corresponding entry in column (9) of the said
Table, namely: -
TABLE
Sl.
No. |
Heading/ Sub -heading |
Description of goods* |
Country of origin |
Country of export |
Producer |
Expor-ter |
Amo-unt |
Unit |
Curr-ency |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
1.
|
7210, 7212, 7225 or 7226 |
Pre-painted, painted, colour coated or organic coated flat steels in
coils or not in coils whether or not with metallic coated substrate
of zinc, aluminum- zinc or any other substrate coating |
China PR |
China PR |
Any |
Any |
822 |
Metric tonne |
United states Dollar |
2.
|
– do – |
– do – |
China PR |
Any country other than the subject countries |
Any |
Any |
822 |
Metric tonne |
United states Dollar |
3.
|
– do – |
– do – |
Any country other than the subject countries |
China PR |
Any |
Any |
822 |
Metric tonne |
United states Dollar |
4.
|
-do- |
-do- |
European Union |
European Union |
Any |
Any |
822 |
Metric tonne |
United states Dollar |
5.
|
-do- |
-do- |
European Union |
Any country other than the subject countries |
Any |
Any |
822 |
Metric tonne |
United states Dollar |
6.
|
-do- |
-do- |
Any country other than the subject countries |
European Union |
Any |
Any |
822 |
Metric tonne |
United states Dollar |
*Note: The description of goods does not include the plates of thickness of
6mm or more.
2. The anti-dumping duty imposed under this notification shall be effective
for a period of five years (unless revoked, superseded or amended earlier) from
the aforesaid date of imposition of the provisional anti-dumping duty, that is,
the 11th January, 2017 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 10th July, 2017 up to the preceding day of the publication of
this notification in the Official Gazette.
Explanation. - For the purposes of this notification, -
(a) “landed value” of imports means the assessable value as determined by the
customs under the Customs Act, 1962 (52 of 1962) and includes all duties of
customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the Customs
Tariff Act, 1975;
(b) 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, 1962.
(Gunjan Kumar Verma) Under Secretary to the Government of India
[F. No. 354/190/2016-TRU]
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