[TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA, EXTRAORDINARY]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 37/2020-Customs (ADD)
New Delhi, the11thNovember, 2020
G.S.R. (E).-Whereas in the matter of ‘Clear Float Glass’ (hereinafter referred to as the subjectgoods) falling underChapter 70of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)(hereinafter referred to as the ‘Customs Tariff Act’), originating in, or exported from Malaysia(hereinafterreferred to as the ‘subject country’), and imported into India, the designated authority in its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, videnotification No.6/15/2019-DGTR, dated the 20thAugust, 2020, has come to the conclusion that–
(a)the subject goodshavebeen exported to India from the subject country below its associated normal value, thus resulting in dumping;
(b)the Domestic Industry has suffered material injury due to dumping of the subject goodsfrom the subject country;
(c)the material injury has been caused by the dumped imports from the subject country,
and whereas, the designated authority has recommended imposition of definitive anti-dumping duty on the imports of subject goods, originating in or exported from the subject countryand 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 headingof the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2),originating in the countryas specified in the corresponding entry in column (4),exportedfrom the countryas specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), and imported into India,an anti-dumping duty at the rate equal tothe difference between the landed value of subject goods and the amount indicated in the corresponding entry in column (7),provided that the landed value is less than theamount indicated in column (7),in the currency as specified in the corresponding entry in column (8), and per unit of measurement as specified in the corresponding entry in column (9) of the said Table, namely:-
Table
S. No
|
Heading /Sub-heading
|
Description of Group
|
Country of origin
|
Country of origin
|
Producer
|
Amount
|
Currency
|
Unit
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
1
|
7005
|
Clear Float Glass of nominal thicknesses ranging from 4mm to 12mm (both inclusive), the nominal thickness being as per BIS 14900:2000
|
Malaysia
|
Malaysia
|
Kibing Group (M) Sdn. Bhd.
|
273.12
|
United States Dollar
|
Metric Tonne
|
2
|
-do-
|
-do-
|
Malaysia
|
Malaysia
|
Xinyi Energy Smart (Malaysia) Sdn. Bhd.
|
272.87
|
United States Dollar
|
Metric Tonne
|
3
|
-do-
|
-do-
|
Malaysia
|
Any
|
Any other than S.Nos. 1 and 2 above
|
326.00
|
United States Dollar
|
Metric Tonne
|
4
|
-do-
|
-do-
|
Any country not attracting anti-dumping duties
|
Malaysia
|
Any
|
326.00
|
United States Dollar
|
Metric Tonne
|
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 Official Gazette and shall be paid in Indian currency.
Explanation1.-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 therelevant 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.
Explanation2.-The “landed value”of imports for the purpose of this notification shall be the assessable value as determined by the Customs under Customs Act, 1962 and applicable level of customs duties except duties levied under Section 3,8B, 9, 9A of the said Customs Tariff Act.
[F.No.354/127/2020-TRU]
(Jainendra Singh Kandhari)
DeputySecretary to the Government of India