GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 10 /2010-Customs
New Delhi, the 19th February, 2010
G.S.R. (E). -Whereas, the designated authority vide notification No.
15/29/2008-DGAD, dated the 21st November, 2008, published in Part I, section 1
of the Gazette of India, Extraordinary, dated the 21st November, 2008, had
initiated review, in terms of sub-section (5) of section 9A of the Customs
Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said 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 (hereinafter referred to as the said
rules), in the matter of continuation of anti-dumping duty on Melamine
(hereinafter referred to as the subject goods), originating in, or exported
from, People’s Republic of China (hereinafter referred to as the subject country
or China PR), imposed vide notification of the Government of India in the
Ministry of Finance (Department of Revenue), No. 107/2004-Customs dated the 16th
November 2004, published in the Gazette of India Extraordinary, Part II, Section
3, Sub-section (i), vide number G.S.R.748(E), dated the 16th November 2004;
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in, or exported from, the subject country upto and
inclusive of the 1st October, 2009 vide notification of the Government of India,
in the Ministry of Finance (Department of Revenue), No. 6/2009 -Customs dated
the 15th January, 2009, published in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-section (i) vide number G.S.R.30 (E), dated the 15th January,
2009;
And whereas, the Central Government had further extended the anti-dumping duty
on the subject goods, originating in, or exported from, the subject country upto
and inclusive of the 1st April, 2010 vide notification of the Government of
India, in the Ministry of Finance (Department of Revenue), No. 114/2009 -Customs
dated the 1st October, 2009, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 720(E), dated the 1st
October, 2009;
And whereas, in the matter of review of anti-dumping on import of the subject
goods, originating in, or exported from, the subject country, the designated
authority in its final findings issued vide notification No. 15/29/2008-DGAD,
dated 20th November, 2009 published in the Gazette of India, Extraordinary, Part
I, Section 1 dated the 20th November, 2009, had come to the conclusion that-
- the subject goods were entering the Indian market at dumped prices and
dumping margins of the subject goods imported from China PR was substantial and
above de-minimis;
- the subject goods were likely to continue to enter the Indian market at
dumped prices; and
- while the performance of the domestic industry improved after imposition
of anti dumping duties, situation of the domestic industry was fragile and
injury to the domestic industry was likely in the event of revocation of anti
dumping duties;
and had recommended continued imposition of definitive anti-dumping duty on
imports of the subject goods, originating in, or exported from, People’s
Republic of China 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 said Customs Tariff Act read with rules 18 and 23 of the
said rules, 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 sub-heading or tariff item of the First Schedule to the said Customs
Tariff Act as specified in the corresponding entry in column (2), the
specification of which is specified in column (4) of the said Table, originating
in the country as specified in the corresponding entry in column (5), and
produced by the producer as specified in the corresponding entry in column (7),
when exported from the country as specified in the corresponding entry in column
(6), by the exporter as specified in the corresponding entry in column (8), and
imported into India, an anti-dumping duty at a rate which is equivalent to
difference between the amount mentioned in the corresponding entry in column
(9), in the currency as specified in the corresponding entry in column (11) and
as per unit of measurement as specified in the corresponding entry in column
(10), of the said Table and the landed value of imported goods in like currency
as per like unit of measurement.
Table
Sl. No. |
Tariff item |
Description of goods |
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measurement |
Currency |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
1 |
2933 61 00 |
Melamine |
Melamine |
China PR |
Any |
Any |
Any |
1681.49 |
Metric tonne |
US Dollar |
2 |
2933 61 00 |
Melamine |
Melamine |
Any country other than China PR |
China PR |
Any |
Any |
1681.49 |
Metric tonne |
US Dollar |
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 publication of this notification in the Gazette of India. The
anti-dumping duty shall be paid in Indian currency.
Explanation. - For the purposes of this notification,-
- “landed value” means the assessable value as determined under the Customs
Act, 1962 (52 of 1962) and includes all duties of customs except duties levied
under sections 3, 8B, 9 and 9A of the said Customs Tariff Act; and
- rate of exchange applicable for the purposes of calculation of 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 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.354/28/2004 –TRU]
(Prashant Kumar)
Under Secretary to the Government of India.