Seeks to levy definitive anti-dumping duty on imports of USB Flash Drives', originating in, or exported from, People's Republic of China and Chinese Taipei for a period of five years

[TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA, EXTRAORDINARY]                                  

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification

No. 22/2015-Customs (ADD)

New Delhi, the 22nd May, 2015

G.S.R.   (E).- Whereas in the matter of ‘USB Flash Drives’ (hereinafter referred to as the subject goods) falling Chapter  8471, 8473, 8504, 8517, 8519, 8523, 8524, 8538, 8542 or 8543  of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from People’s Republic of China and Chinese Taipei (hereinafter referred to as the subject countries), and imported into India, the designated authority in its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification number 14/22/2012-DGAD dated the 19th December 2014, has come to the conclusion that–

(a)     the subject goods has been exported to India from subject countries below its normal value, thus resulting in dumping of the product;

(b)    the domestic industry has suffered material injury due to dumping of the subject goods;

(c)     the material injury has been caused by the dumped imports of the subject goods originating in or exported from the subject countries;

And, whereas, the designated authority has recommended imposition of definitive anti-dumping duty on the imports of subject goods, originating in or exported from the subject countries and imported into India, in order to remove injury to the domestic industry.

 Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the 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, after considering 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/ tariff item of the First Schedule to the 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),  exported from the countries as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), 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 as per unit of measurement as specified in the corresponding entry in column (9), of the said Table, namely :-

Table

Note: “USB Flash Drives” includes products known in the market parlance by various other names such as pen drive, keychain drives, key drives, USB sticks, flash sticks, jump sticks, USB keys or memory keys.

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 Official Gazette and shall be paid in Indian currency.

Explanation.-  For the purposes of this notification, 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.   

 [F.No.354/82/2014-TRU]

(Anurag Sehgal)

Under Secretary to the Government of India