GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE
Notification No. 52/2017-Customs (ADD)
New Delhi, the 24th October, 2017
G.S.R. (E).- Whereas, in the matter of review of anti-dumping duty on
importof Cold Rolled Flat Products of Stainless Steel, falling under the heading
7219 of the Firs 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, Korea, European Union, South Africa, Taiwan
(Chines Taipei), Thailand and United Sates of America (USA) (hereinafter
referred to as the subject countries / territories), the designated authority,
vide its final findings in notification No. 15/04/2014 -DGAD, dated the 12th
October, 2015, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 12th October, 2015, had recommended imposition of the anti-dumping
duty on Cold Rolled Flat Products of Stainless Steel, originating in or exported
from the subject countries / territories.
And whereas, on the basis of the aforesaid findings of the designated
authority, the Central Government had imposed an anti-dumping duty on Cold
Rolled Flat Products of Stainless Steel, originating in or exported from the
subject countries / territories, vide, notification of the Government of India
in the Ministry of Finance (Department of Revenue), No.61/2015-Customs (ADD),
dated the 11th December, 2015, published vide G.S.R. 955(E) in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-Section (i), dated the 11th
December, 2015;
And whereas, the designated authority, published vide notification
No.14/1/2014- DGAD, dated the 19th February, 2016, in the Gazette of India,
Extraordinary, Part I, Section 1, in the matter of circumvention of the
anti-dumping duty imposed on imports of Cold Rolled Flat Products of Stainless
Steel, had initiated an investigation to determine the need for extending
anti-dumping duty imposed on the imports of Cold Rolled Flat Products of
Stainless Steel, originating in or exported from the subject countries /
territories, vide, notification of the Government of India in the Ministry of
Finance (Department of Revenue), No.61/2015- Customs (ADD), dated the 11th
December, 2015, published vide G.S.R. 955(E) in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-Section (i), dated the 11th December,
2015, to the imports of “Cold-rolled Flat products of stainless steel of width
greater than 1250 mm of all series not further worked than Cold rolled (cold
reduced) with a thickness of up to 4mm (width tolerance of +30 mm for Mill Edged
and +4mm for Trimmed Edged); excluding:
(a) Grades AISI 420 high carbon, 443, 441, EN 1.4835, 1.4547, 1.4539, 1.4438,
1.4318, 1.4833 and EN 1.4509; and
(b) Product supplied under Indian Patent No. 223848 in respect of goods
comprising Low Nickel containing Chromium-Nickel Manganese-Copper Austenitic
Stainless steel and representing Grades YU 1 and YU 4, produced and supplied by
M/s Yieh United Steel Corp (Yusco) of Chinese Taipei (Taiwan)”, (hereinafter
referred to as the ‘subject goods’) falling under the heading 7219 of the First
Schedule to the Customs Tariff Act, originating in or exported from the subject
countries/ territories;
And whereas, the designated authority in its final findings, published vide
notification No.14/1/2014-DGAD, dated the 18th August, 2017, in the Gazette of
India, Extraordinary, Part I, Section 1, has come to the conclusion that
(i) imports of circumventing product (subject goods) have increased
significantly post levy of anti-dumping duty
(ii) the value addition in converting subject goods to cold rolled flat
products of stainless steel of widths covered vide notification No.
61/2015-Customs (ADD), dated the 11th December, 2015 is less than the prescribed
threshold.
(iii) subject goods have been exported at dumped prices during the Period of
Investigation. and has recommended imposition of existing anti-dumping duty
imposed on the imports of Cold Rolled Flat Products of Stainless Steel
originating in or exported from the subject countries / territories, vide,
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No.61/2015-Customs (ADD), dated the 11th December, 2015, published
vide G.S.R. 955(E) in the Gazette of India, Extraordinary, Part II, Section 3,
SubSection (i), dated the 11th December, 2015, on the subject goods, originating
in or exported from the subject countries / territories;
Now, therefore, in exercise of the powers conferred by sub-sections (1), (1A)
and (5) of section 9A of the Customs Tariff Act, read with rule 27 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, the specification of which is
specified in column (4), falling under tariff heading of the First Schedule to
the Customs Tariff Act as specified in the corresponding entry in column (2),
originating in the countries/territories as specified in the corresponding entry
in column (5), exported from the countries/territories as specified in the
corresponding entry in column (6), produced by the producers as specified in the
corresponding entry in column (7), exported by the exporters as specified in the
corresponding entry in column (8), and imported into India, an anti-dumping duty
at the rate to be worked out as percentage of the landed value of imports of the
subject goods as specified in the corresponding entry in column (9) of the said
Table, namely:-
Table
Sl. No |
Tariff headi ng |
Description of goods |
Specification |
Countries/Territo ries of Origin |
Countries /Territori es of Export |
Producer |
Exporter |
Duty Amount |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
1 |
7219 |
Cold-rolled Flat products of stainless steel |
All Grades, All Series except the exclusions as per footnote below*
|
People’s Republic of China |
Any |
Any |
Any |
57.39% |
2 |
-Do- |
-Do- |
-Do- |
Any country other than the subject countries/territories |
People’s Republic of China |
Any |
Any |
57.39% |
3 |
-Do- |
-Do- |
-Do- |
Korea RP |
Korea RP |
POSCO |
1. Hyundai Corporation 2. Daewoo International Corporation |
5.39% |
4 |
-Do- |
-Do- |
-Do- |
Korea RP |
Korea RP |
Any combination other than above
combination |
13.44% |
5 |
-Do- |
-Do- |
-Do- |
Korea RP |
Any |
Any |
Any |
13.44% |
6 |
-Do- |
-Do- |
-Do- |
Any country other than the subject countries/territories |
Korea RP |
Any |
Any |
13.44% |
7 |
-Do- |
-Do- |
-Do- |
Chinese Taipei |
Any |
Any |
Any |
15.93% |
8 |
-Do- |
-Do- |
-Do- |
Any country other than the subject countries/territories |
Chinese Taipei |
Any |
Any |
15.93% |
9 |
-Do- |
-Do- |
-Do- |
South Africa |
South Africa |
Columbus Stainless (Pty) Ltd |
Columbus Stainless (Pty) Ltd |
12.34% |
10 |
-Do- |
-Do- |
-Do- |
South Africa |
South Africa |
Any combination other than above combination |
36.91% |
11 |
-Do- |
-Do- |
-Do- |
South Africa |
Any |
Any |
Any |
36.91% |
12 |
-Do- |
-Do- |
-Do- |
Any country other than the subject
countries/territories |
South Africa |
Any |
Any |
36.91% |
13 |
-Do- |
-Do- |
-Do- |
Thailand |
POSCO Thainox |
POSCO Thainox |
1.POSCO Thainox 2. Hyundai Corporation |
4.58% |
14 |
-Do- |
-Do- |
-Do- |
Thailand |
Thailand |
Any combination other than above combination |
5.39% |
15 |
-Do- |
-Do- |
-Do- |
Thailand |
Any |
Any |
Any |
5.39% |
16 |
-Do- |
-Do- |
-Do- |
Any country other than the subject countries/territories |
Thailand |
Any |
Any |
5.39% |
17 |
-Do- |
-Do- |
-Do- |
United States of America |
Any |
Any |
Any |
9.47% |
18 |
-Do- |
-Do- |
-Do- |
Any country other than the subject countries/territories |
USA |
Any |
Any |
9.47% |
19 |
-Do- |
-Do- |
-Do- |
European Union |
European Union |
Acerinox Europa SAU, Spain |
Acerinox Europa SAU, Spain |
29.41% |
20 |
-Do- |
-Do- |
-Do- |
European Union |
European Union |
Any combination other than the above combination |
52.56% |
21 |
-Do- |
-Do- |
-Do- |
European Union |
Any |
Any |
Any |
52.56% |
22 |
|
-Do- |
-Do- |
Any country other than the subject countries/territories |
European Union |
Any |
Any |
52.56% |
*Note:The subject goods include cold-rolled Flat products of stainless steel
of width greater than 1250 mm of all series not further worked than Cold rolled
(cold reduced) with a thickness of up to 4mm (width tolerance of +30 mm for Mill
Edged and +4mm for Trimmed Edged), excluding the following:
(a) Grades AISI 420 high carbon, 443, 441, EN 1.4835, 1.4547, 1.4539, 1.4438,
1.4318,1.4833 and EN 1.4509;
(b) Product supplied under Indian Patent No. 223848 in respect of goods
comprising Low Nickel containing Chromium-Nickel Manganese-Copper Austenitic
Stainless steel and representing Grades YU 1 and YU 4, produced and supplied by
M/s Yieh United Steel Corp (Yusco) of Chinese Taipei (Taiwan).
2. Further, no anti-dumping duty shall be payable on imports of the subject
goods if:
(i) an importer who imports the subject goods for end use in the same form
without slitting; or
(ii) slitted it into 2 or more subject goods i.e. sizes above 1250 mm (for
example a 2600 mm piece slitted into two 1300 mm size pieces),Provided that the
importer follows the procedure set out in the Customs (Import of Goods at
Concessional Rate of Duty) Rules, 2017.
Explanation: Anti-dumping duty shall be payable on the imports of the subject
goods if it is slitted for a combination of subject goods and below subject
goods size or below subject goods sizes, (For example, an 1800 mm piece being
slit into a 1400 mm and a 400-mm piece or a 2200 mm piece is slit into 1400 mm
and 800 mm or a 1400 mm piece being slit into 600, 500 & 300 mm sizes);
3. This notification shall remain in force up to and inclusive of the 10th
December, 2020, unless revoked earlier, from the date of publication of this
notification in the Official Gazette and the anti-dumping duty shall be paid in
Indian currency.
Explanation. - For the purposes of this notification, “Landed Value” shall be
the assessable value as determined under the Customs Act, 1962 (52 of 1962) and
all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of
the Customs Tariff Act.
[F.No. 354/87/2009-TRU (Pt-III)]
(Gunjan Kumar Verma);
Under Secretary to the Government of India
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