CUSTOMS (ADD) Notification No 45 of 2019 dated 10th December, 2019

 

 

Notification no 45/2019 Customs (Anti-Dumping Duty) date on 10th December, 2019 

 

Seeks to impose anti-dumping duty on imports of Clear float glass originating in or exported from Pakistan, Saudi Arabia and UAE in pursuance of Final findings of Designated Authority in sunset review of notification No. 48/2014-Customs (ADD) dated 11.12.2014   

 The extract of CUSTOMS (ADD) Notification No. 45/2019- CUSTOMS is given below: 

    Notification No. 45/2019-CUSTOMS (anti-dumping duty)

 

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

GOVERNMENT OF INDIA 

MINISTRY OF FINANCE 

(DEPARTMENT OF REVENUE) 

NOTIFICATION No. 45/2019-Customs (ADD) 

New Delhi, the 10th December, 2019

 

G.S.R…. (E). - Whereas, the designated authority, vide notification No. No. 7/3/2019-DGTR, dated the 1st May, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st May, 2019, had initiated the review in term of sub-section (5) of section 9 A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on imports of ‘Clear Float Glass’ (hereinafter referred to as the subject goods), falling under headings 7003, 7004, 7005, 7009, 7013, 7015, 7016, 7018, 7019, 7020 of the First Schedule to the Customs Tariff Act, originating in or exported from Pakistan, Saudi Arabia and UAE (hereinafter referred to as the subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 48/2014-Customs (ADD), dated the 11th December 2014, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 885 (E), dated the 11th December 2014;

 

And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, the Designated Authority in its final findings, published vide notification No. 7/3/2019-DGAD, dated the 7th November 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th November 2019, has come to the conclusion that-

 

(i)     the product under consideration has been imported to India from the subject countries below its associated normal value, thus, resulting in dumping of the product;

 

(ii)   the domestic industry has suffered continued injury on account of dumped imports from the subject countries;

 

(iii) the information on record shows likelihood of continuation of dumping and injury in case the anti-dumping duty in force is allowed to cease at this stage; and

 

(iv)  examination of the information on record as well as the submissions made by various parties indicate that the imports from the subject countries continue to injure the Indian domestic industry.

 

(v)   there is sufficient evidence to indicate that the revocation of the anti-dumping duties as this stage will lead to continuation of dumping and injury to the domestic industry,

 

and has recommended the 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, 20 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995,

 

 

and in supersession of the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 48/2014-Customs (ADD), dated the 11th December 2014, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 885 (E), dated the 11th December 2014, 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 headings 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), an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (7), in the currency as specified in the corresponding entry in column (9), and per unit of measurement as specified in the corresponding entry in column (8) of the said Table, namely:-

 

                                                                           TABLE 

Sl.

No.

 

Heading

Description of goods

Country of

origin

 

Country of

exports

 

Producer

Amount

Unit

of

measurement

 

Currency

1

7003,

7004,

7005,

7009,

7013,

7015,

7016,

7018,

7019,

7020

Clear Float Glass of nominal thicknesses

ranging from 4 mm to

12 mm (both

inclusive), the

nominal thickness

being as per

BIS14900:2000

Saudi

Arabia

Saudi

Arabia

Any

165.07

Metric Tonne

United

States

Dollar

2

-do-

-do-

Saudi

Arabia

Any

country,

other than

subject

countries

Any

165.07

Metric Tonne

United

States

Dollar

3

-do-

-do-

Any

country,

other than

subject

countries

Saudi

Arabia

Any

165.07

Metric Tonne

United

States

Dollar

4

-do-

-do-

United

Arab

Emirates

(UAE)

United

Arab

Emirates

(UAE)

Emirates

Float Glass,

LLC

79.00

Metric Tonne

United

States

Dollar

5

-do-

-do-

United

Arab

Emirates

(UAE)

United

Arab

Emirates

(UAE)

Any other

than at Sl.

No. 4

above

111.15

Metric Tonne

United

States

Dollar

6

-do-

-do-

United

Arab

Emirates

(UAE)

Any

country,

other than

subject

countries

Any

111.15

Metric Tonne

United

States

Dollar

8

-do-

-do-

Any

country,

other than

subject

countries

United

Arab

Emirates

(UAE)

Any

111.15

Metric Tonne

United

States

Dollar

9

-do-

-do-

Pakistan

Pakistan

Ghani

Glass

Limited,

82.34

Metric Tonne

United

States

Dollar

10

-do-

-do-

Pakistan

Pakistan

Tariq Glass

Industries

Limited

25.59

Metric Tonne

United

States

Dollar

11

-do-

-do-

Pakistan

Pakistan

Any other

than at Sl.

No.  9 and

10 above

123.61

Metric Tonne

United

States

Dollar

12

-do-

-do-

Pakistan

Any

country,

other than

subject

countries

Any

123.61

Metric Tonne

United

States

Dollar

13

-do-

-do-

Any

country,

other than

subject

countries

Pakistan

Any

123.61

Metric Tonne

United

States

Dollar

 

 

 

Note 1: Reflective Glass and Tinted glass including green glass and transition glass are not included in the “Description of goods” in the Duty Table above.

 

Note 2: The anti-dumping duty imposed 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 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 Act.

 

[F. No. 354/185/2019 –TRU)] 

(Ruchi Bisht) 

Under Secretary to the Government of India

 

 

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