Notification on Anti-Dumping Duty

Notification on Anti-Dumping Duty 

Notification No. 15/2008-Customs

G.S.R. (E). – Whereas, the designated authority, vide notification No. 15/25/2006-DGAD, dated the 27^th December, 2006, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 28^th December, 2006, had initiated review, in the matter of continuation of anti-dumping on imports of flexible slabstock polyol or FSP (hereinafter referred to as the subject goods) falling under sub-heading 3907 20 of the First Schedule to the Customs Tariff Act 1975, (51 of 1975) (hereinafter referred to as the said Act), originating in, or exported from, the United States of America, Japan, the European Union and Singapore, imposed vide notification  of the Government of India in the  Ministry of Finance (Department of Revenue),  No. 120/2002-Customs, dated the 31^st October, 2002, published in Part II, Section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 31^st October, 2002, vide number G.S.R.744 (E), dated the 31^st October, 2002;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the United States of America, Japan, the European Union and Singapore upto and inclusive of the 10^th February, 2008 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 12/2007 -Customs dated the 6^th February, 2007, vide number G.S.R. 64(E), dated the 6^th February, 2007, published in Part II, Section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 6^th February, 2007;

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the United States of America, Japan, the European Union and Singapore, the designated authority vide its final findings No. 15/25/2006-DGAD dated the 26^th December, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 26^th December, 2007, has come to the conclusion that-

(a)                 the subject goods have entered from the United States of America at less than its normal value and the dumping margin of the subject goods imported are significant, while current dumping margins of subject goods imported from the European Union and Singapore are negligible;

(b)                 there is a likelihood of dumping to continue from the United States of America and of intensification or recurrence of dumping from Singapore and Japan if the duties are revoked; there is less likelihood of intensification of imports from the European Union if duties are withdrawn;
 

(c)                 the domestic industry suffers insignificant material injury at present due to the dumped imports, but there is a likelihood of recurrence of injury if duties are withdrawn; 

(d)                 therefore, continued imposition of anti dumping duty is warranted against the subject goods originating in, or exported from, the United States of America, to offset dumping and against Singapore and Japan to prevent recurrence of dumping;
 

and has recommended continued imposition of anti-dumping duty against the subject goods originating in, or exported from, the United States of America, to offset dumping and against Singapore and Japan to prevent recurrence of dumping  in order to remove the likelihood of injury to the domestic industry;  

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of Section 9A of the said 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, 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, falling under sub-heading of the First Schedule to the said Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table,  originating in the country as specified in the corresponding entry in column (5),  and exported from the country as specified in the corresponding entry in column (6), and produced by the producer as specified in the corresponding entry in column (7), and exported by the exporter as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty which shall be equal to the difference between the amount mentioned in the corresponding entry in column (9) in the currency as specified in the corresponding entry in column (11),  and per unit of measurement as specified in the corresponding entry in column (10)  of the said Table and the landed value of imported goods in like currency as per like unit of measurement.

Table

2.         The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Gazette of India and the anti-dumping duty shall be paid in Indian currency. 

Explanation. - For the purposes of this notification, -

(a)        “landed value” means the assessable value as determined 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 said Act; 
 

(b)        “rate of exchange” applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification, issued from time to time, in exercise of the powers conferred by section 14 of the said Customs Act, 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.