PMD Fibre Board from China, Malaysia, Sri Lanka and Others – Final Findings – See Ntfn 48-ADD/21.10.2015 for Final Duty

Ntfn 116 Whereas, in the matter of import of Plain Medium Density Fibre Board of thickness 6 mm and above,
08.10.2009 (hereinafter referred to as the subject goods) , falling under heading 4411 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975) and originating in, or exported from the People's Republic of China, Malaysia, Thailand and Sri Lanka (hereinafter referred to as the subject countries), the designated authority, vide its preliminary findings vide notification No. 14/12/2007-DGAD dated 2nd February, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd February, 2009, had come to the conclusion that -

1. the subject goods had been exported from subject countries to India at dumped prices. The dumping margins of the subject goods imported from the subject countries were substantially and above de-minimis; and

2. the domestic industry had suffered material injury and injury had been caused to the domestic industry both by the volume and price effect of dumped import of the subject goods originating in, or exported from, the subject countries; and

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. 21/2009-Customs, dated the 27th February, 2009, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 132(E), dated the 27th February, 2009;

And whereas, the designated authority, vide its final findings vide notification No. 14/12/2007-DGAD dated 26th August, 2009, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 26th August, 2009, has come to the conclusion that -

1. the subject goods have been exported to India from the subject countries at dumped prices and dumping margins have been substantial and above de minimis level.

2. the domestic industry has suffered material injury;

3. the injury has been caused by the dumped imports from the subject countries,

and has recommended to impose definitive anti-dumping duties 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-sections (1) and (5) of section 9A of the said Customs Tariff Act, 1975, and in pursuance of 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 as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (4) of the said Table, and produced by the producers as specified in the corresponding entry in column (6), when exported from the countries as specified in the corresponding entry in column (5), by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty which shall be equal to the difference between the amount indicated in column (9) of the table below and landed value of imports, 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 (8) of the said Table.

Table
Sl. No.	Heading	Description	Country of origin	Country of export	Producer	Exporter	Unit	Amount	Currency
1	2	3	4	5	6	7	8	9	10
1	4411	Plain Medium Density Fibre Board of thickness 6 mm and above	Thailand	Thailand	Siam Fibreboard Company Limited	Siam Fibreboard Company Limited	Per Cubic Meter	308.72	USD
2	As above	As above	Thailand	Thailand	Vanachai Panel Industries Co.,Ltd	Vanachai Panel Industries Co.,Ltd	Per Cubic Meter	340.33	USD
3	As above	As above	Thailand	Thailand	Vanachai Group Public Company Limited	Vanachai Group Public Company Limited	Per Cubic Meter	355.9	USD
4	As above	As above	Thailand	Thailand	Any other combination other than Sl. No. 1 to 3		Per Cubic Meter	391.79	USD
5	As above	As above	Thailand	Any Country other than Thailand	Any	Any	Per Cubic Meter	391.79	USD
6	As above	As above	Any Country other than Subject Country	Thailand	Any	Any	Per Cubic Meter	391.79	USD
7	As above	As above	Sri Lanka	Sri Lanka	Merbok MDF Lanka (Pvt) Ltd	Merbok MDF Lanka (Pvt) Ltd	Per Cubic Meter	Nil **Note below	USD
8	As above	As above	Sri Lanka	Sri Lanka	Any other combination other than Sl. No. 7		Per Cubic Meter	352.23	USD
9	As above	As above	Sri Lanka	Any Country other than Sri Lanka	Any	Any	Per Cubic Meter	352.23	USD
10	As above	As above	Any Country other than Subject Country	Sri Lanka	Any	Any	Per Cubic Meter	352.23	USD
11	As above	As above	Malaysia	Malaysia	Dongwha MDF	Dongwha MDF	Per Cubic Meter	328.51	USD
12	As above	As above	Malaysia	Malaysia	Robin Resources (Malaysia) Sdn Bhd	Robin Resources (Malaysia) Sdn Bhd	Per Cubic Meter	Nil	USD
13	As above	As above	Malaysia	Malaysia	Evergreen Fibre Berhad (EFB)	Evergreen Fibre Berhad (EFB)	Per Cubic Meter	334.42	USD
14	As above	As above	Malaysia	Malaysia	Any other combination other than Sl. No. 11 to 13		Per Cubic Meter	347.99	USD
15	As above	As above	Malaysia	Any Country other than Malaysia	Any	Any	Per Cubic Meter	347.99	USD
16	As above	As above	Any Country other than Subject Country	Malaysia	Any	Any	Per Cubic Meter	347.99	USD
17	As above	As above	China	China	Any	Any	Per Cubic Meter	395.52	USD
18	As above	As above	China	Any Country other than China	Any	Any	Per Cubic Meter	395.52	USD
19	As above	As above	Any Country other than Subject Country	China	Any	Any	Per Cubic Meter	395.52	USD
** Note: Subject to Price Undertaking amount of US$ 290.73 Per Cubic Meter as minimum Landed Value of imports (Against Serial No. 7 of the Duty Table).

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, and shall be payable 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: 354/39/2009- TRU]