TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

NOTIFICATION

No. 32/2018-Customs (ADD)

New Delhi, the 1st June, 2018

G.S.R…. (E). - Whereas, the designated authority vide notification No.15/24/2016 DGAD , dated the 25th April, 2017 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th April, 2017, had initiated the sunset review in term of sub-section (5) of section 9 A of the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the 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, in the matter of continuation of anti-dumping duty on imports of ‘Digital Offset Printing Plates’ (hereinafter referred to as the subject goods), originating in, or exported from originating in or exported from China PR (hereinafter referred to as the subject country), imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 51/2012- Customs (ADD), dated the 3rd December, 2012;

And whereas, the Central Government had extended the period of imposition of anti-dumping duty on the subject goods, originating in or exported from the subject countries up to and inclusive of the 3rd June, 2018 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 24/2017-Customs (ADD), dated the 2nd June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 549(E), dated the 25th April, 2017;

And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, the Designated Authority in its final findings, published vide notification No. F. No. 15/24/2016/DGAD, dated the 23rd April, 2018 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd April, 2018, has come to the conclusion that:

(i) The financial and economic parameters of Domestic Industry (both volume and price) are stable and not evidencing deterioration requiring continuous of Anti-Dumping Duty.

(ii) The ‘MOU’ signed by the Domestic Industry with the user association/user industry have led to mitigation of likely injury due to unfair trade.

(iii) The prices agreed under MOU and actually realized by Domestic Industry during Period of Injury and post Period of Injury do not establish price underselling.

(iv) The price trends of cooperating exporters and the import trend do not indicate a likelihood of recurrence of injury to Domestic Industry if Anti-Dumping Duty is withdrawn.

(v) Non realization of full prices in accordance with the provisions of the MoU by the petitioner is the primary reason for non-mitigation of injury that has been noted on account of product underselling for UV-CTP plates due to leakages emanating from mis-declaration of product description during custom clearance;

and has concluded that continuance of Anti-Dumping duty is not warranted on any of the three categories of product and has recommended discontinuance of existing Anti-Dumping Duty on imports of the ‘Digital Offset Printing Plates’ originating in or exported from China PR in accordance with clause (b) of Rule 14 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18, 20 and 23 of the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government hereby rescinds the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 51/2012- Customs (ADD), dated the 3rd December, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 874 (E), dated the 3rd December, 2012, except as respects things done or omitted to be done before such rescission.

[F. No. 354/45/2012 –TRU (Pt. III)]

(Gunjan Kumar Verma)
Under Secretary to the Government of India