GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 15/2016-Customs (ADD)
New Delhi, Dated the 26th April, 2016
G.S.R. (E). – Whereas, the designated authority, vide notification No.
15/20/2014-DGAD,
dated the 6th December, 2014, published in the Gazette of India, Extraordinary,
Part I,
Section 1, dated the 6th December, 2014, had initiated a review in the matter of
continuation
of anti-dumping duty on imports of Synchronous Digital Hierarchy Transmission
Equipment
(hereinafter referred to as the subject goods), falling under sub-headings 8517
62 or 8517 70
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 People’s Republic of
China and
Israel (hereinafter referred to as subject countries), imposed vide notification
of the
Government of India in the Ministry of Finance (Department of Revenue),
No.
125/2010-Customs, dated the 16th December, 2010, published in the Gazette of India,
Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R.981(E), dated the 16th
December, 2010;
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in or exported from the subject countries, upto and
inclusive of the
7th December, 2015, vide notification of the Government of India, in the
Ministry of Finance
(Department of Revenue)
No.01/2015-Customs(ADD), dated the 5th January, 2015,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide
number G.S.R 8(E), dated the 5th January, 2015;
And whereas, in the matter of review of anti-dumping duty on import of the
subject
goods, originating in or exported from the subject countries, the designated
authority in its
final findings published vide notification No. 15/20/2014-DGAD, dated the 5th
February,
2016, in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th
February, 2016
has come to the conclusion that-
- As far as Huawei China, ZTE Corporation Ltd, China, Alcatel-Lucent
Shanghai
Bell Co. Ltd., China are concerned, there is continued dumping of the subject
goods from these companies in the period of investigation. Dumped imports
were causing injury to the domestic industry in the period of investigation;
- As far as HETC, China is concerned, there is negligible dumping in the
period of
investigation (POI) and in this behalf, the Authority has, therefore, examined
the
post POI exports to India as well as third countries and found that the same
were
un-dumped. Therefore, there was no likelihood of dumping;
- As far as ECI Telecom, Israel is concerned, the exports of the subject
goods to
India in the POI and to India as well as third countries in the post-POI were
not at
dumped prices and thus there is no likelihood of dumped imports from ECI
Telecom, Israel if the duty is revoked;
and has recommended imposition of the definitive anti-dumping duty on the
subject goods,
originating in or exported from the subject countries.
Now, therefore, in exercise of the powers conferred by sub-section (1), read
with subsection
(5) of section 9A of the said Customs Tariff Act 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,
on the basis
of 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
sub- heading of the First Schedule to the said 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), and produced by the producers as specified in
the
corresponding entry in column (6), when exported from the countries as specified
in the
corresponding entry in column (5), by the exporters as specified in the
corresponding entry in
column (7), and imported into India, an anti-dumping duty at the rate equal to
the amount as
specified in the corresponding entry in column (8), and as per unit of
measurement as
specified in the corresponding entry in column (9), of the said Table
Table
S. No |
Head ing/subheading |
Descripti on of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Duty amount |
Unit |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
1. |
8517 62 or 8517 70 |
Synchrono us Digital Hierarchy transmissi on equipment as specified in Notes 1 to 5 below |
People’s Republi c of China |
People’s Republi c of China |
M/s ZTE Corporat ion Ltd. |
M/s ZTE Corporation Ltd. |
48.42 % |
of CIF value of import s |
2. |
Do |
Do |
People’s Republi c ofChina |
People’s Republi c of China |
M/s Alcatel- Lucent Shangha i Bell Co. Ltd |
M/s Alcatel- Lucent Shanghai Bell Co. Ltd |
54.09 |
Do |
3. |
Do |
Do |
People’s Republi c of China |
People’s Republi c of China |
M/s Huawei Technol ogies Co. Ltd |
M/s Huawei Technologies Co. Ltd., China PR or Huawei Tech Investment Co., Ltd., Hong Kong or Huawei International Pte Ltd., Singapore |
37.73 |
Do |
4. |
Do |
Do |
People’s Republi c of China |
People’s Republi c of China |
Hangzh ou ECI Telecom municati on Co. Ltd |
M/s ECI Telecom Ltd., Israel |
Nil |
Do |
5. |
Do |
Do |
People’s Republi c of China |
People’s Republi c of China |
Any other than Sl.No. 1,2,3 and 4 above |
Any |
86.59 |
Do |
6. |
Do |
Do |
People’s Republi c of China |
Any country other than People’s Republi c of China |
Any |
Any |
86.59 |
Do |
7. |
Do |
Do |
Any |
People’s Republi c of China |
Any |
Any |
86.59 |
Do |
8. |
Do |
Do |
Israel |
Israel |
M/s ECI Telecom Ltd. |
M/s ECI Telecom Ltd. |
Nil |
Do |
9. |
Do |
Do |
Israel |
Israel |
Any other than Sl.No. 8 above |
Any |
9.42 |
Do |
10. |
Do |
Do |
Israel |
Any country |
Any |
Any |
9.42 |
Do |
Note 1: The product under consideration (PUC) will include “Synchronous
Digital
Hierarchy transmission equipment, viz., STM-1, STM-4, STM-16, STM-64, STM-256,
in
assembled, CKD, SKD form, its assemblies and sub-assemblies or fitted with
eventual
broadband or cellular equipment. PUC will also include Add Drop Multiplexers
(ADM) (For
SDH application only), Multiple Add Drop Multiplexers (MADM) (For SDH
application
only), and Digital Cross Connect (DXC) (For SDH application only), Populated
Circuit
Boards (For SDH application Only) and parts / components imported as a part of
equipment,
so long they are imported along with the equipment or its assemblies or
subassemblies. The
PUC will also include software meant for SDH, which is an integral part of these
equipments,
which may be bought either as a part of the equipment or separately. However
components or
parts imported on a standalone basis are outside the purview of PUC.
Note 2: SDH Equipment essentially transmits signals through the medium of
optical fibre.
There may be SDH equipment meant for transmission through electrical copper
medium or
microwave radio medium. The SDH equipment transmitting the data through optical
fibre
alone shall be subject to levy of anti-dumping duty.
Note 3: When SDH is imported as a part of eventual broadband or cellular
equipment, the
AD Duty shall be payable only on the SDH portion of the imports. Similarly, when
eventual
broadband or cellular equipment is imported as a part of the SDH equipment, the
antidumping
duty shall be payable only on the SDH portion of the imports.
Note 4: PDH, CWDM, DWDM, Microwave systems, GPON, DSLAM, MSAN, BITS,
routers, PDSN, SGSN, MGW, BTS, BSC, MSC, ONT, HLR, HSS and MRP being non-SDH
in any of its form are outside the scope of PUC and, therefore, not subject to
levy of antidumping
duty.
Note 5: Microwave radio terminals which could have an STM-1 interface to the SDH
transmission equipment and act as a physical media to enable the connectivity
between the
radio and the SDH equipment are outside the purview of payment of anti-dumping
duty.
2. The anti-dumping duty imposed under this notification shall be effective for
a period
of five years from the date of publication of this notification in the Official
Gazette 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, 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. 354/204/2009-TRU (Pt.-I)]
(Anurag Sehgal)
Under Secretary to the Government of India
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