Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 98 /2010-Customs
New Delhi, the 28th September, 2010
G.S.R. 783(E). – Whereas, in the matter of import of Recordable Digital
Versatile Disc [DVD] of all kinds (hereinafter referred as the subject goods),
falling under heading 8523 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975) and originating in, or exported from Malaysia, Thailand and
Vietnam, (hereinafter referred to as the subject countries) into India, the
Designated Authority, in its preliminary findings vide notification No.
14/16/2009-DGAD dated the 13th November, 2009, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 13th November, 2009, had come
to the conclusion that,–
- the subject goods had been exported to India from the subject countries
below its normal value;
- the domestic industry had suffered material injury;
- the injury had been caused by the dumped imports from subject countries;
and had recommended 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
No. 48/2010-Customs, dated the 12th April,
2010, published in the Gazette of India, Extraordinary Part II, Section 3,
Sub-section (i), vide number G.S.R. 313(E), dated the 12th April, 2010;
And Whereas, the Designated Authority, in its final findings vide
notification No. 14/16/2009-DGAD dated the 2nd July, 2010, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd July, 2010,
has come to the conclusion that-
- the subject goods have been exported to India from the subject countries
below its normal value;
- the domestic industry has suffered material injury;
- the injury has been caused by the dumped imports from subject countries,
and has recommended imposition of definitive anti-dumping duty on all imports
of 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 sub-section (5) of section 9A of the said 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, on the basis of the aforesaid final 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 specified in the corresponding
entry in column (2), originating in the country specified in the corresponding
entry in column (4), and exported from the country specified in the
corresponding entry in column (5) and 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
per unit of measurement as specified in the corresponding entry in column (9) of
the said Table.
Table
S. No. |
Tariff heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 |
8523 |
Digital Versatile Disc Recordable |
Vietnam |
Vietnam |
M/s- Ritek Vietnam Co. Ltd |
M/s- Ritek Vietnam Co. Ltd |
29.75 |
Per 1000 pieces |
US Dollar |
2 |
8523 |
Digital Versatile Disc Recordable |
Vietnam |
Vietnam |
Any other combination of producer and
exporter other than at S. No. 1 |
50.51 |
Per 1000 pieces |
US Dollar |
3 |
8523 |
Digital Versatile Disc Recordable |
Vietnam |
Any country other than Vietnam and other than the
country already subject to anti dumping duty vide S. No. 3 under column
5 of the duty table in Notification No. 8/2009- Customs dated the 22nd
January, 2009 |
Any |
Any |
50.51 |
Per 1000 pieces |
US Dollar |
4 |
8523 |
Digital Versatile Disc Recordable |
Any country other than countries attracting anti
dumping duty |
Vietnam |
Any |
Any |
50.51 |
Per 1000 pieces |
US Dollar |
5 |
8523 |
Digital Versatile Disc Recordable |
Thailand |
Thailand |
Any |
Any |
25.98 |
Per 1000 pieces |
US Dollar |
6 |
8523 |
Digital Versatile Disc Recordable |
Thailand |
Any country other than Thailand and other than the
country already subject to anti dumping duty vide S. No. 6 under column
5 of the duty table in Notification No. 8/2009- Customs dated the 22nd
January, 2009 |
Any |
Any |
25.98 |
Per 1000 pieces |
US Dollar |
7 |
8523 |
Digital Versatile Disc Recordable |
Any country other than countries attracting
antidumping duty |
Thailand |
Any |
Any |
25.98 |
Per 1000 pieces |
US Dollar |
8 |
8523 |
Digital Versatile Disc Recordable |
Malaysia |
Malaysia |
Any |
Any |
35.92 |
Per 1000 pieces |
US Dollar |
9 |
8523 |
Digital Versatile Disc Recordable |
Malaysia |
Any country other than Malaysia and other than the
country already subject to anti dumping duty vide S. No. 9 under column
5 of the duty table in Notification No. 8/2009- Customs dated the 22nd
January, 2009 |
Any |
Any |
35.92 |
Per 1000 pieces |
US Dollar |
10 |
8523 |
Digital Versatile Disc Recordable |
Any country other than countries attracting anti
dumping duty |
Malaysia |
Any |
Any |
35.92 |
Per 1000 pieces |
US Dollar |
2. The anti-dumping duty imposed under this notification shall be levied for
a period of five years (unless revoked, superseded or amended earlier) with
effect from the date of imposition of the provisional anti-dumping duty, that
is, the12th April, 2010, and shall be payable in Indian currency.
Explanation.– For the purposes of this notification,—
- Digital Versatile Disc Recordable means such discs of all kinds and
includes DVD-R, DVD+R, DVD-RW and DVD+RW;
- 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.
(K.S.V.V. Prasad)
Under Secretary to the Government of India
[F. No. 354/244/2009-TRU (Pt.1)]