GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 8/2009-Customs
New Delhi, dated the 22nd January, 2009
G.S.R. (E).- Whereas, in the matter of import of digital versatile
discs-recordable generally known as DVD-R and DVD-RW, (hereinafter referred to
as the subject goods), falling under heading 8523 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975) originating in, or exported from the
People’s Republic of China, Hong Kong and Chinese Taipei (hereinafter referred
to as the subject countries), the designated authority, in its preliminary
findings vide notification No. 14/17/2007-DGAD dated the 16th June, 2008,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
16th June, 2008, had come to the conclusion that, -
- the subject goods have been exported to India from the subject countries
below its normal value;
- the domestic industry has suffered material injury;
- the injury has been caused by the dumped imports 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 No. 89/2008-Customs, dated the 23rd July, 2008,
published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, vide number G.S.R. 551(E), dated the 23rd July, 2008;
And whereas, the designated authority, vide its final findings vide notification
No. 14/17/2007-DGAD dated the 19th November, 2008, published in the Gazette of
India, Extraordinary, Part I, Section I, dated the 19th November, 2008, has come
to the conclusion that, -
- the subject goods have been exported to India from the subject countries
below its normal value;
- the domestic industry has suffered material injury;
- 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, 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 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 amount specified 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.
Table
| S. No. | Heading |
Description of goods |
Country of origin |
Country of export |
Producer | Exporter |
Amount | Unit of Measurement |
Currency |
| (1) |
(2) | (3) |
(4) | (5) |
(6) | (7) |
(8) | (9) |
(10) |
| 1. | 8523 | Digital Versatile Disc Recordable(See note Below) |
China PR | China PR |
Any | Any | 68.11 |
Per 1000 pieces | USD |
| 2. | Do | Do |
China PR | Any country other than |
Any | Any | 68.11 |
Do | Do |
| 3. | Do | Do |
Any country other than subject countries |
China PR | Any |
Any | 68.11 | Do |
Do |
| 4. | Do | Do |
Hong Kong | Hong Kong |
Any | Any | 66.72 |
Do | Do |
| 5. | Do | Do |
Hong Kong | Any country other than Hong Kong |
Any | Any | 66.72 |
Do | Do |
| 6. | Do | Do |
Any country other than subject countries |
Hong Kong | Any |
Any | 66.72 | Do |
Do |
| 7. | Do | Do |
Chinese Taipei | Chinese Taipei |
Any | Any | 65.63 |
Do | Do |
| 8. | Do | Do |
Chinese Taipei | Any country other than Chinese Taipei |
Any | Any | 65.63 |
Do | Do |
| 9. | Do | Do |
Any country other than subject countries |
Chinese Taipei | Any |
Any | 65.63 | Do |
Do |
Note. - The product under consideration is digital versatile disc recordable of
all kinds. Such product includes DVD-R, DVD+R, DVD-RW and DVD+RW
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.
(Unmesh Wagh)
Under Secretary to the Government of India
F.No: 354/111/2008- TRU