Notification No. 98 /2010-Customs dated 28.9.2010
Regarding imposing of anti-dumping duty on all imports of Recordable Digital Versatile Disc [DVD] of all kinds originating in, or exported from Malaysia, Thailand and Vietnam

G.S.R. 783(E). – Whereas, in the matter of import of Recordable Digital Versatile Disc [DVD] of all kinds (hereinafter referred as the subject goods), falling under heading 8523  of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and originating in, or exported from Malaysia, Thailand and Vietnam, (hereinafter referred to as the subject countries) into India, the Designated Authority, in its preliminary findings vide notification No. 14/16/2009-DGAD dated the 13th November, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th November, 2009, had come to the conclusion that,–

a)     the subject goods had been exported to India from the subject countries below its normal value; 

b)    the domestic industry had suffered material injury; 

c)     the injury had been caused by the dumped imports from subject countries;

and had recommended imposition of provisional anti-dumping duty on all imports of the subject goods originating in, or exported from, the subject country;

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. 48/2010-Customs, dated the 12^th April, 2010, published in the Gazette of India, Extraordinary Part II, Section 3, Sub-section (i), vide number G.S.R. 313(E), dated the 12^th April, 2010;

And Whereas, the Designated Authority, in its final findings vide notification No. 14/16/2009-DGAD dated the 2^nd July, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2^nd July, 2010, has come to the conclusion that-

                              (i)            the subject goods have been exported to India from the subject countries below its normal value;

                            (ii)            the domestic industry has suffered material injury;

                           (iii)            the injury has been caused by the dumped imports from subject countries,

and has recommended imposition of definitive anti-dumping duty 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-section (1) read with sub-section (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 specified in the corresponding entry in column (2), originating in the country specified in the corresponding entry in column (4), and exported from the country specified in the corresponding entry in column (5) and produced by the producer specified in the corresponding entry in column (6) and exported by the exporter specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount indicated 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

2.         The anti-dumping duty imposed under this notification shall be levied for a period of five years (unless revoked, superseded or amended earlier)with effect from the date of imposition of the provisional anti-dumping duty, that is, the12^th April, 2010, and shall be payable in Indian currency.

Explanation.– For the purposes of this notification,—

(a)    Digital Versatile Disc Recordable means such discs of all kinds and includes DVD-R, DVD+R, DVD-RW and DVD+RW;

(b)   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.