GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 6/2013-Customs (ADD)
New Delhi, 12th April, 2013
G.S.R. (E)- Whereas in the matter of imports of Plain Gypsum Plaster Boards of
all thicknesses and dimensions, (hereinafter referred to as the subject goods),
falling under the heading 6809 of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975) (hereinafter referred as the said Customs Tariff Act),
originating in, or exported from, China People’s Republic, Indonesia, Thailand,
and United Arab Emirates (hereinafter referred to as the subject countries) and
imported into India, the designated authority in its preliminary findings vide,
notification No. 14/45/2010-DGAD, dated the 19th March, 2012,published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 19th March, 2012,
had come to the conclusion that-
- the product under consideration has been exported to India from the subject
countries below associated normal values, thus resulting in dumping of the
subject goods;
- the domestic industry has suffered material injury;
- the material injury to the domestic industry has been caused by the dumped
imports from subject countries,
and had recommended imposition of provisional anti-dumping duty on the imports
of the subject goods, originating in, or exported from, the subject countries;
And whereas on the basis of the aforesaid preliminary findings of the designated
authority, the Central Government had imposed provisional anti-dumping duty,
vide notification of the Government of India in the Ministry of Finance
(Department of Revenue),
No. 32/2012-Customs (ADD), dated the 7th June, 2012,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R. 434 (E), dated the 7th June, 2012;
And whereas the designated authority vide its final findings vide notification
No. 14/45/2010-DGAD,dated 15th January, 2013,published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 15th January, 2013 had come to the
conclusion that –
- the subject goods have entered the Indian market from the subject countries
below associated normal values, thus resulting in dumping of the subject goods;
- the dumping margins of the subject goods imported from the each of the
subject countries are above de-minimis;
- the domestic industry has suffered material injury in respect of the
subject goods; and
- the dumped imports of the subject goods from the subject countries have
caused material injury to the domestic industry.
and had recommended imposition of definitive anti-dumping duty on all imports of
subject goods, originating in or exported from the subject countries in order to
remove the injury to the domestic industry;
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 definitive anti-dumping duty 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 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 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
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
Sl. No. |
Sub- heading |
Description
of
goods |
Country
of
origin |
Country of
export |
Producer |
Exporter |
Duty
amount |
Unit |
Currency |
1 |
680911 00,
680919 00 |
Plain Gypsum Plaster Board |
China People’s Republic |
China People’s Republic |
Any |
Any |
32.85 |
Cubic
Metre(M3) |
US dollar |
2 |
do |
Plain Gypsum Plaster Board |
China People’s Republic |
Any |
Any |
Any |
32.85 |
do |
US dollar |
3 |
do |
Plain Gypsum Plaster Board |
Any |
China People’s Republic |
Any |
Any |
32.85 |
do |
US dollar |
4 |
do |
Plain Gypsum Plaster Board |
Indonesia |
Indonesia |
Any |
Any |
24.11 |
do |
US dollar |
5 |
do |
Plain Gypsum Plaster Board |
Indonesia |
Any |
Any |
Any |
24.11 |
do |
US dollar |
6 |
do |
Plain Gypsum Plaster Board |
Any |
Indonesia |
Any |
Any |
24.11 |
do |
US dollar |
7 |
do |
Plain Gypsum Plaster Board |
Thailand |
Thailand |
Siam
Gypsum Industry (Saraburi) Co. Ltd. |
Siam Gypsum Industry (Saraburi) Co. Ltd. |
54.46 |
do |
US dollar |
8 |
do |
Plain Gypsum Plaster Board |
Thailand |
Thailand |
Siam
Gypsum Industry (Songkhla) Co. Ltd. |
Siam
Gypsum Industry (Songkhla) Co. Ltd. |
54.46 |
do |
US dollar |
9 |
do |
Plain Gypsum Plaster Board |
Thailand |
Thailand |
Any other combination other than 7 and 8 above |
Any other combination other than 7 and 8 above |
73.80 |
do |
US dollar |
10 |
do |
Plain Gypsum Plaster Board |
Thailand |
Any |
Any |
Any |
73.80 |
do |
US dollar |
11 |
do |
Plain Gypsum Plaster Board |
Any |
Thailand |
Any |
Any |
73.80 |
do |
US dollar |
12 |
do |
Plain Gypsum Plaster Board |
United Arab Emirates |
United Arab Emirates |
M/s
Gypsemna Co. (L.L.C.), Dubai |
M/s Gypsemna Co.(L.L.C.), Dubai |
12.30 |
do |
US dollar |
13 |
do |
Plain Gypsum Plaster Board |
United Arab Emirates |
United Arab Emirates |
Any Other Combination other than 12 above |
Any Other Combination other than 12 above |
20.15 |
do |
US dollar |
14 |
do |
Plain Gypsum Plaster Board |
United Arab Emirates |
Any |
Any |
Any |
20.15 |
do |
US dollar |
15 |
do |
Plain Gypsum Plaster Board |
Any |
United Arab Emirates |
Any |
Any |
20.15 |
do |
US dollar |
Note 1: For the purposes of this notification Gypsum Boards having water
absorption up to and including 5% (Moisture Resistant Boards), Gypsum Boards
having a minimum breaking load of 24 newtons in the transverse direction and 50
newtons in the longitudinal direction per millimeter of thickness (Impact
Resistant Boards or Fire Resistant Board), Fire Boards, Fire Heat Boards, Impact
Boards, Gypsum Ceiling Boards with Moisture Barrier, ECHO Boards, Heat Boards,
Anti-mold Boards or Weather Boards, Thermal Boards, Gypsum Ceiling Boards with
Aluminium Edges Sealed in White Film and Ceiling tiles shall not be liable to
pay anti-dumping duty.
Note 2: The anti-dumping duty imposed shall be effective for a period of five
years (unless revoked, superseded or amended earlier) from the date of
imposition of the provisional anti-dumping duty, that is, the 7th June, 2012.
Note 3: The anti-dumping duty shall be imposed on the landed value and shall be
payable in Indian currency.
Note 4: Landed value of imports shall be the assessable value as determined by
the Customs Authority under the Customs Act, 1962 (52 of 1962) and includes all
duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the
Customs Tariff Act, 1975 (51 of 1975).
[F.No.354/70/2012 –TRU]
(Raj Kumar Digvijay)
Under Secretary to the Government of India