Anti-dumping
Duty on DVD from Thailand and Vietnam – Final Findings – See Ntfn 17-ADD/13.05.2016 for Details
Ntfn 98 Whereas, in the matter of import of Recordable Digital
28.09.2010 Versatile Disc [DVD] of all kinds (hereinafter referred
(DoR) as the subject goods), falling
under heading 8523 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975) and originating in, or exported from Malaysia, Thailand and Vietnam,
(hereinafter referred to as the subject countries) into India, the Designated
Authority, in its preliminary findings vide notification No. 14/16/2009-DGAD
dated the 13th November, 2009, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 13th November, 2009, had come to
the conclusion that,–
a) the subject goods had been exported to
India from the subject countries below its normal value;
b) the domestic industry had suffered
material injury;
c) the injury had been caused by the
dumped imports from subject countries;
and had recommended imposition of
provisional anti-dumping duty on all imports of the subject goods originating
in, or exported from, the subject country;
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 No. 48/2010-Customs, dated the 12th April, 2010, published
in the Gazette of India, Extraordinary Part II, Section 3, Sub-section (i), vide number G.S.R. 313(E), dated the 12th April,
2010;
And Whereas,
the Designated Authority, in
its final findings vide notification No. 14/16/2009-DGAD dated the 2nd July, 2010, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 2nd July, 2010,
has come to the conclusion that-
(i) the subject goods have been exported to India from the
subject countries below its normal value;
(ii) the
domestic industry has suffered material injury;
(iii) the
injury has been caused by the dumped imports from subject countries,
and has
recommended imposition of definitive anti-dumping duty on all imports of the
subject goods, originating in, or exported from, the subject countries;
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 on the goods, the description of which is specified in column
(3) of the Table below, falling under heading of the First Schedule to the said
Customs Tariff Act 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 at the rate 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.
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Table |
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SNo |
Tariff 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 |
8523 |
Digital Versatile Disc Recordable |
Vietnam |
Vietnam |
Any |
Any |
73.01 |
Per 1000 pieces |
US Dollar |
|
2 |
8523 |
Digital Versatile Disc Recordable |
Vietnam |
Any country other than countries attracting anti dumping duty |
Any |
Any |
73.01 |
Per 1000 pieces |
US Dollar |
|
3 |
8523 |
Digital Versatile Disc Recordable |
Any country other than countries attracting antidumping
duty |
Vietnam |
Any |
Any |
73.01 |
Per 1000 pieces |
US Dollar |
|
4 |
8523 |
Digital Versatile Disc Recordable |
Thailand |
Thailand |
Any |
Any |
25.98 |
Per 1000 pieces |
US Dollar |
|
5 |
8523 |
Digital Versatile Disc Recordable |
Thailand |
Any country other than Thailand and other than the country
already subject to anti dumping duty vide S.No. 6 under column 5 of the duty table in Notification
No. 8/2009- Customs dated the 22nd January, 2009 |
Any |
Any |
25.98 |
Per 1000 pieces |
US Dollar |
|
6 |
8523 |
Digital Versatile Disc Recordable |
Any country other than countries attracting antidumping
duty |
Thailand |
Any |
Any |
25.98 |
Per 1000 pieces |
US Dollar |
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[Table substituted by 34-ADD/31.12.2013; SNos. 7 to 9 omitted by 12-ADD/11.04.2015] |
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2. The
anti-dumping duty imposed under this notification shall be levied for a period of five years (unless revoked, superseded or
amended earlier) with effect from the date of imposition of the provisional
anti-dumping duty, that is, the12th April, 2010, and shall be payable in Indian
currency.
3. Notwithstanding
anything contained in paragraph 2, this notification shall remain in force up
to and inclusive of the 11th day of April, 2016, unless revoked earlier.
[Inserted by 12-ADD/11.04.2015]
Explanation.– For the purposes of this notification,-
(a) Digital
Versatile Disc Recordable means such discs of all kinds and includes DVD-R,
DVD+R, but does not include DVD-RW and DVD+RW;
(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 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. 354/244/2009-TRU (Pt.1)]