GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
Notification No. 48/2015-Customs (ADD)
New Delhi, the 21st of October, 2015
G.S.R. (E). Whereas, the designated authority, vide notification No.
15/28/2013-DGAD, dated the 18th February, 2014, published in the Gazette of
India, Extraordinary, Part I, Section 1 dated the 19th February, 2014, had
initiated a review in the matter of continuation of anti-dumping duty on imports
of Plain medium Density Fibre Board of thickness 6 mm and above (hereinafter
referred to as the subject goods), falling under heading 4411 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, the Peoples' Republic of China (in short 'China PR'), Malaysia,
Thailand and Sri Lanka (hereinafter referred to as the subject countries),
imposed vide notification of the Government of India in the Ministry of Finance
(Department of Revenue),
No. 116/2009-Customs, dated the 8th October, 2009,
published in the Gazette of India, Part II, Section 3, Sub-section (i), vide
number G.S.R. 734(E), dated the 8th October, 2009, and had requested for
extension of anti-dumping duty for an additional period of one year from the
date of its expiry, in terms of sub-section (5) of section 9A of the said
Customs Tariff Act, pending the completion of the review;
And whereas the Central Government had extended the anti-dumping duty imposed on
the subject goods originating in, or exported from, the subject countries vide
notification
No. 12/2014-Customs (ADD), dated the 12th March, 2014,
published in
the Gazette of India, Part II, Section 3, Sub-section (i), vide number
G.S.R. 181(E), dated the 12th March, 2014 up to and inclusive of 26th
February, 2015;
And whereas the designated authority vide notification No. 15/28/2013-DGAD,
dated the 17th August, 2015, published in Part I, Section 1 of the Gazette of
India, Extraordinary, dated the 17th August, 2015 has concluded that
- the subject goods have been exported to India from the subject countries below
its associated normal value, thus, resulting in dumping of the product. The
domestic industry has suffered material injury in respect of the subject goods.
The material injury has been caused by the dumped imports from the subject
countries;
- the imposition of definitive anti-dumping duty is required to offset dumping and
consequent injury. Therefore, the designated authority considers it necessary to
recommend imposition of definitive anti-dumping duty on the imports of the
subject goods originating in or exported from the subject countries;
- having regard to the lesser duty rule followed by the designated authority, it
recommends imposition of definitive anti-dumping duty equal to the lesser of the
margin of dumping and the margin of injury, so as to remove the injury to the
domestic industry,
and has recommended continuation of anti-dumping duty on imports of 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, 1975 (51 of 1975) read with rules 18
and 23 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 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 heading of the First
Schedule to the said Customs Tariff Act as specified in the corresponding entry
in column (2), originating in the country specified in the corresponding entry
in column (4), exported from the country specified in the corresponding entry in
column (5), produced by the producer specified in the corresponding entry in
column (6) and exported by the exporter 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), 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.
Table
Any combination other than S. No. 7 above
36.10 |
Cubic Meters |
United States Dollar |
9. |
4411 |
Plain Medium Density Fibre Board from 6MM and above |
Malaysia |
Any |
Any |
Any |
36.10 |
Cubic Meters |
United States Dollar |
10. |
4411 |
Plain Medium Density Fibre Board from 6MM and above |
Any country other than subject countries |
Malaysia |
Any |
Any |
36.10 |
Cubic Meters |
United States Dollar |
11. |
4411 |
Plain Medium Density Fibre Board from 6MM and above |
Sri Lanka |
Sri Lanka |
M/s Merbok MDF Lanka (private) Ltd. |
M/s Merbok MDF Lanka (private) Ltd. |
11.83 |
Cubic Meters |
United States Dollar |
12. |
4411 |
Plain Medium Density Fibre Board from 6MM and above |
Sri Lanka |
Sri Lanka |
Any combination other than S. No. 11 above |
26.49 |
Cubic Meters |
United States Dollar |
13. |
4411 |
Plain Medium Density Fibre Board from 6MM and above |
Sri Lanka |
Any |
Any |
Any |
26.49 |
Cubic Meters |
United States Dollar |
14. |
4411 |
Plain Medium Density Fibre Board from 6MM and above |
Any country other than subject countries |
Sri Lanka |
Sri Lanka |
Any |
26.49 |
Cubic Meters |
United States Dollar |
The anti-dumping duty imposed under this notification shall be effective for a
period of five years (unless revoked, amended or superseded earlier) from the
date of publication of this notification in the Gazette of India and shall be
paid 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, under
section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for
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/ 39/2009-TRU] (Pt.-I)
(Anurag Sehgal)
Under Secretary to the Government of India
|