NOTIFICATION NO. 57/2015 CUS (ADD), DT. 04/12/2015

Seeks to levy definitive anti-dumping duty on import of all kinds of plastic processing or injection moulding machines, also known as injection presses used for processing or moulding of plastic materials, having clamping force not less than 40 tonnes and not more than 1000 tonnes originating in or exported from the People's Republic of China for a period of five years
G.S.R. (E).- – Whereas, the designated authority, vide notification No. 15/2/2014-DGAD, dated the 9th May, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on import of all kinds of plastic processing or injection moulding machines, also known as injection presses used for processing or moulding of plastic materials, having clamping force not less than 40 tonnes and not more than 1000 tonnes (hereinafter referred to as the subject goods), falling under tariff item 8477 10 00 of 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, Peoples Republic of China (hereinafter referred to as the subject country), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 39/2010-Customs, dated the 23rd March, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 210(E), dated the 23rd March, 2010;

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 11th May, 2015, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 28/2014-Customs (ADD), dated the 19th June, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R 414(E), dated the 19th June, 2014;

And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject country, the designated authority in its final findings, published vide notification No. 15/02/2014-DGAD, dated the 8th October, 2015, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that -

(i).there is continued dumping of the subject goods from the subject country though the volume of imports is low and performance of the domestic industry has deteriorated in the current injury period due to the impact of the dumped imports from the subject country;

(ii).the dumping is likely to continue and the performance of the domestic industry is likely to deteriorate, should the present anti-dumping duty is revoked,

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

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 23 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, the specification of which is specified in column (4), falling under tariff item of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (5), exported from the countries as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate to be worked out as percentage of the landed value of imports of the subject goods as specified in the corresponding entry in column (9) of the said Table, namely:-

Table

S. No.	Tariff item	Description of goods	Specification	Country of origin	Country of export	Producer	Exporter	% of landed value
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
1	8477 10 00	Plastic processing or Injection moulding machines*	Clamping force equal to or more than 40 tonnes and equal to or less than 1000 tonnes	Peoples Republic of China	Peoples Republic of China	Any	Any	29
2	8477 10 00	-Do-	-Do-	Peoples Republic of China	Any country, other than Peoples Republic of China	Any	Any	29
3	8477 10 00	-Do-	-Do-	Any country, other than Peoples Republic of China	Peoples Republic of China	Any	Any	29

*The following shall be excluded from the levy of anti-dumping duty imposed under this notification:-

(i) Blow moulding Machines classified under Customs Tariff sub-heading No. 8477 30;

(ii) Vertical injection moulding machines;

(iii) All electric injection moulding machines wherein the mechanical movements such as injection, mould closing, mould opening, ejection, screw-drive, etc. are controlled by independent servo motors and having digital control system and without Hydraulic Unit;

(iv) Multi-color / mutli-mould machinery for making footwear, Rotary injection moulding machinery for making footwear and footwear sole/strap/heel injection moulding machine classified under the Customs Tariff heading No. 8453

The anti-dumping duty imposed under this notification shall be levied 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 payable in Indian currency.

Explanation .- For the purposes of this notification, "Landed Value" shall be the assessable value as determined under the Customs Act 1962, (52 of 1962) and all duties of customs except duties levied under section 3, 3A, 8B, 9 and 9A of the Customs Tariff Act.

[F. No. 354/53/2009-TRU(Pt.-I)]

(K.KALIMUTHU)
Under Secretary to the Government of India

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