TMT Bars and Rods from China – Anti-dumping Duty Hiked
in Final Findings
·
Minmetals Specially Targetted
[Customs Notification No. 48 (ADD) dated 9th
October 2017]
Whereas, in the matter of “Wire Rod of Alloy or
Non-Alloy Steel” (hereinafter referred to as the ‘subject goods’), falling
under headings 7213 or 7227 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 the People’s Republic of China (hereinafter
referred to as the ‘subject country’), and imported into India, the designated
authority in its preliminary findings published in the Gazette of India,
Extraordinary, Part I, Section 1, vide notification number
14/17/2016-DGAD dated the 27th September, 2016, had recommended imposition of
provisional anti-dumping duty on the imports of subject goods, originating in,
or exported from the subject countries;
And, whereas, on the basis of the aforesaid findings
of the designated authority, the Central Government had imposed provisional
anti-dumping duty on the subject goods vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.
51/2016-Customs (ADD) dated the 2nd November, 2016 published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i),
vide number G.S.R. 1039 (E), dated the 2nd November, 2016;
And, whereas, the designated authority in its final
findings vide notification No.14/17/2016-DGAD dated, the 30th August,
2017 published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 30th August, 2017, has come to the conclusion that-
(i) the
subject goods have been exported to India from the subject country below its
normal value, resulting in dumping;
(ii) the domestic industry
has suffered material injury due to dumping of the subject goods from the
subject country;
(iii) the material injury has
been caused by the dumped imports of subject goods from the subject countries,
and has recommended imposition of definitive anti-dumping
duty on imports of the subject goods, originating in, or exported from subject
country 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 on the
subject goods, the description of which is specified in column (3) of the Table
below, falling under heading 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), imported into India, an
anti-dumping duty at a rate which is equivalent to difference between the
landed value of the subject goods and the amount mentioned in the corresponding
entry in column (8), provided the landed value is less than the value specified
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 |
|||||||||
|
SNo. |
Heading/ Sub heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
1. |
7213 or 7227 |
Bars and rods, hot-rolled, in irregularly wound coils, of iron
or non-alloy steel or alloy steel, excluding (i)
bars and rods containing indentations, ribs, grooves or other deformations
produced during the rolling process falling under tariff item 72131090
(commonly known as rebars or TMT bars), (ii) bars
and rods of stainless steel falling under tariff heading 7221 and (iii) bars
and rods of high speed steel falling under tariff heading 72271000. |
China PR |
China PR |
Minmetals Yingkou Medium Plate Co., Ltd. |
Minmeta ls Yingkou Medium Plate Co., Ltd. |
535 |
MT |
US$ |
|
2. |
- do - |
- do - |
China PR |
China PR |
Any combination other than at S. No.1 |
546 |
MT |
US$ |
|
|
3. |
- do - |
- do - |
China PR |
Any country other than China PR |
Any |
Any |
546 |
MT |
US$ |
|
4. |
- do - |
- do - |
Any country other than China PR |
China PR |
Any |
Any |
546 |
MT |
US$ |
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 imposition of anti-dumping duty, that is, the 2nd November, 2016 and
shall be payable in Indian currency:
Provided
that the said anti-dumping, duty shall not be levied for the period commencing
from the date of the lapse of the provisional anti-dumping duty, that is, the
2nd May, 2017 up to the preceding day of the publication of this notification
in the Official Gazette.
3.
Notwithstanding anything contained in paragraph 2, the anti-dumping duty
imposed under this notification shall remain in force up to and inclusive of the 31st January, 2022, unless revoked, superseded or
amended earlier.
[42-ADD/01.08.2021 – Paragraph 3 inserted
Explanation. - For the purposes of this notification,
-
(a)
“landed value” of imports for the purpose of this notification means the
assessable value as determined by the customs 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;
(b)
rate of exchange applicable for the purpose 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, 1962.
[F. No. 354/177/2016-TRU]