GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 48 /2012-Customs (ADD)
New Delhi, the 8th October, 2012
G.S.R. _(E). _Whereas in the matter of import of Melamine (hereinafter referred
to as the subject goods), falling under Chapter 29 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as Customs Tariff
Act), originating in, or exported from, European Union, Iran, Indonesia and
Japan (hereinafter referred to as the subject countries),and imported into
India, the designated authority vide its final findings notification No.
14/35/2010-DGAD, dated the 1st June, 2012, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 1st June, 2012, 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 in respect of such
goods;
- the material injury has been caused by the dumped imports of subject goods
from the subject countries;
and had recommended imposition of definitive anti-dumping duty on imports of the
subject goods, originating in or exported from the European Union, Iran
,Indonesia and Japan 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 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,
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 tariff item of the First Schedule
to the said Customs Tariff Act as specified in the corresponding entry in column
(2), originating in the country as specified in the corresponding entry in
column (4), and produced by the producer as specified in the corresponding entry
in column (6), when exported from the country as specified in the corresponding
entry in column (5), by the exporter as specified in the corresponding entry in
column (7), 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 (8), in the currency as specified in the corresponding entry in column
(10) and as per unit of measurement as specified in the corresponding entry in
column (9), 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 |
Country of
origin |
Country of export
|
Producer |
Exporter |
Amount |
Unit of
measurement |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
10) |
1 |
29336100 |
Melamine |
European
Union |
European
Union |
Any |
Any |
1537 |
MT |
US dollar |
2 |
29336100 |
Melamine |
European Union |
Any country other than
EU |
Any |
Any |
1537 |
MT |
US dollar |
3 |
29336100 |
Melamine |
Any country other than European Union |
European Union |
Any |
Any |
1537 |
MT |
US dollar |
4 |
29336100 |
Melamine |
Iran |
Iran |
Any |
Any |
1446 |
MT |
US dollar |
5 |
29336100 |
Melamine |
Iran |
Any country
other than Iran |
Any |
Any |
1446 |
MT |
US dollar |
6 |
29336100 |
Melamine |
Any country other than Iran |
Iran |
Any |
Any |
1446 |
MT |
US dollar |
7 |
29336100 |
Melamine |
Indonesia |
Indonesia |
Any |
Any |
1537 |
MT |
US dollar |
8 |
29336100 |
Melamine |
Indonesia |
Any country other than Indonesia
|
Any |
Any |
1537 |
MT |
US dollar |
9 |
29336100 |
Melamine |
Any country other than Indonesia |
Indonesia |
Any |
Any |
1537 |
MT |
US dollar |
10 |
29336100 |
Melamine |
Japan |
Japan |
Any |
Any |
1537 |
MT |
US dollar |
11 |
29336100 |
Melamine |
Japan |
Any country
other than
Japan |
Any |
Any |
1537 |
MT |
US dollar |
12 |
29336100 |
Melamine |
Any country other than Japan |
Japan |
Any |
Any |
1537 |
MT |
US dollar |
- The anti-dumping duty imposed under this notification shall be levied for a
period of five years (unless revoked, amended or superseded 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 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 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.354/319/2011 –TRU]
(Rajkumar Digvijay)
Under Secretary to the Government of India.