GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.43/2012-Customs (ADD)
New Delhi, dated the 21st September, 2012
G.S.R. 710 (E). - Whereas in the matter of import of Resin or other organic
substances bonded wood or ligneous fibre boards of thickness below 6mm, except
insulation boards, laminated fibre boards and boards which are not bonded either
by resin or other organic substances (hereinafter referred to as the subject
goods), classified under Chapter 44 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, China PR, Indonesia, Malaysia and Sri Lanka
(hereinafter referred to as the subject countries) and imported into India, the
designated authority in its preliminary findings vide notification No.
14/29/2010-DGAD, dated the 23rd July, 2012, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 23rd July, 2012, had come to the
conclusion that –
- the subject goods had been exported to India from the subject countries
below their normal value, thus resulting in dumping of the subject goods;
- the domestic industry had suffered material injury in respect of subject
goods; and
- the material injury to the domestic industry has been caused by the dumped
imports of the subject goods from subject countries;
and had recommended imposition of definitive anti-dumping duty on the imports of
subject goods, originating in, or exported from, the subject countries;
Now, therefore, in exercise of the powers conferred by sub-section (2) of
section 9A of the said Customs Tariff Act, read with rules 13 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 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 exported from the countries as specified in the corresponding
entry in column (5), and produced by the producers as specified in the
corresponding entry in column (6), and exported 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), 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:-
Duty Table
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
Sl. No. |
Heading / Sub- heading
|
Description
of
goods |
Country
of
origin |
Country
of export |
Producer |
Exporter |
Duty
amount |
Unit |
Currency |
1 |
4411* |
Resin or other organic substances bonded wood or ligneous fibre boards of
thickness below 6mm, except insulation boards, laminated fibre boards and boards
which are not bonded either by resin or other organic substances
|
China PR |
China PR |
Any |
Any |
165.71 |
Cubic
Meter
(M3) |
US dollar |
2 |
do |
do |
Any country other than the subject countries
|
China PR |
Any |
Any |
165.71 |
Cubic
Meter
(M3) |
US dollar |
3 |
do |
do |
China PR |
Any country other than the subject countries
|
Any |
Any |
165.71 |
Cubic
Meter
(M3) |
US dollar |
4 |
do |
do |
Indonesia |
Indonesia |
Pt Sumatera Prima Fibreboard |
Pt Sumatera Prima Fibreboard |
88.60 |
Cubic
Meter
(M3) |
US dollar |
5 |
do |
do |
Indonesia |
Indonesia |
PT.Masari Dwisepakat Fiber |
PT.Masari Dwisepakat Fiber |
85.99 |
Cubic
Meter
(M3) |
US dollar |
6 |
do |
do |
Indonesia |
Indonesia |
Any other combination at Sr. Nos. 4 and 5
|
168.97 |
Cubic
Meter
(M3) |
US dollar |
7 |
do |
do |
Any country other than the subject countries |
Indonesia |
Any |
Any |
168.97 |
Cubic Meter
(M3) |
US dollar |
8 |
do |
do |
Indonesia |
Any country other than the subject countries |
Any |
Any |
168.97 |
Cubic
Meter
(M3) |
US dollar |
9 |
do |
do |
Malaysia |
Malaysia |
M/s Segamat Panel Boards Sdn.Bhd. |
M/s Segamat Panel Boards Sdn.Bhd. |
26.11 |
Cubic
Meter (M3) |
US dollar |
10 |
do |
do |
Malaysia |
Malaysia |
M/s Evergreen Fibreboard Berhad(EFB)/ M/s Evergreen Fibreboard(JB) Sdn. Berhad(EJB)
|
M/s Evergreen Fibreboard Berhad(EFB)/ M/s Evergreen Fibreboard(JB) Sdn. Berhad(EJB)
|
83.69 |
Cubic
Meter
(M3) |
US dollar |
11 |
do |
do |
Malaysia |
Malaysia |
Any other combination at Sr. Nos. 9 and 10
|
178.30 |
Cubic
Meter
(M3) |
US dollar |
12 |
do |
do |
Any country other than the subject countries |
Malaysia |
Any |
Any |
178.30 |
Cubic
Meter
(M3) |
US dollar |
13 |
do |
do |
Malaysia |
Any country other than the subject countries
|
Any |
Any |
178.30 |
Cubic
Meter
(M3) |
US dollar |
14 |
do |
do |
Sri Lanka |
Sri Lanka |
M/s Merbok MDF Lanka(Private) Limited |
M/s Merbok MDF Lanka(Private) Limited |
66.27 |
Cubic
Meter(M3) |
US dollar |
15 |
do |
do |
Sri Lanka |
Sri Lanka |
Any other combination at Sr. No.14 |
167.46 |
Cubic Meter (M3) |
US dollar |
16 |
do |
do |
Sri Lanka |
Any country other than the subject countries |
Any |
Any |
167.46 |
Cubic
Meter
(M3) |
US dollar |
17 |
do |
do |
Any country other than the subject countries |
Sri Lanka |
Any |
Any |
167.46 |
Cubic
Meter
(M3) |
US dollar |
Note: 1. For the purposes of this notification Fibre boards of thickness 6mm or
above, Insulation boards, Laminated fibre boards and Boards which are not bonded
either by resin or other organic substances shall not be liable to pay
anti-dumping duty.
Note: 2. The anti-dumping duty imposed under this notification shall be
effective for a period of six months from the date of publication of this
notification in the Official Gazette and shall be payable in Indian currency.
Note: 3. The rate of exchange applicable for the purposes of calculation of such
anti-dumping duty under this notification 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.354/140/2012 –TRU]
(Raj Kumar Digvijay)
Under Secretary to the Government of India