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Customs Notification No. 99/2010
October, 05th 2010

[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) 

 

New Delhi,   the 30th September, 2010 

 

Notification No. 99/2010 - Customs

      

G.S.R.795(E).- Whereas, in the matter of import of Cathode Ray Colour Television Picture Tubes (hereinafter referred to as the subject goods), falling under sub-heading 8540 11 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in, or exported from Malaysia, Thailand, China PR and Korea RP (hereinafter referred to as the subject countries), the designated authority, in its final findings vide notification No. 14/8/2007-DGAD, dated the 17th February, 2009, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 17th February, 2009, read with the corrigendum No. 14/8/2007-DGAD, dated the 17th April 2009,  had come to the conclusion that, -

 

(a)    imports originating in the subject country are taking place at dumped prices and the same had caused material injury to the domestic industry;

(b)   decline in market share of domestic industry as a consequence of increase in market share of subject imports from the subject country prevented the domestic industry from increasing their sales commensurate to growth in demand;

(c)    significant price-undercutting and substantial increase in the volume of dumped imports adversely affected the performance of the domestic industry in terms of profits, cash flow, and return on investment;

(d)   significant increase in volume of dumped imports from the subject country (both in absolute terms as well as in relation to the share in demand) had resulted in significant decline in market share of the domestic industry;

 

And whereas, on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 50/2009-Customs, dated the 15th May, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide G.S.R. 337(E), dated the 15th May, 2009;

 

And whereas, M/s. Meridian Solar & Display Company Ltd., (Producer or Exporter from Korea RP)( herein referred to as the subject party) had requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 in respect of exports made by them, and the designated authority vide new shipper review notification no. 15/10/2009-DGAD dated the 13th November 2009 published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 13th November 2009  recommended provisional assessment of all exports of the subject goods made by the subject party in to India till the completion of the review; 

 

And whereas, on the basis of the aforesaid recommendation of the designated authority, the Central Government had issued notification No. 144/2009-Customs on the 23rd Dec 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i),  vide number G.S.R. 922(E), dated the 23rd Dec 2009 ordering that pending the outcome of the said review by the designated authority the subject goods exported by the subject party when imported into India, shall be subjected to provisional assessment till the review is completed; 

 

And whereas, the designated authority has completed the new shipper review and in its final findings vide Notification No. 15/10/2009-DGAD dated the 19th July 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th July 2010 has come to the conclusion that,-

(i) individual dumping margin in respect of exports made by the applicant is not required to be determined a fresh.

     (ii) instead, the applicant is required to be given the same level of dumping margin and consequently the benchmark for payment of anti dumping duties as was given to M/s. LG Philips Displays Korea Co. Ltd. Korea.

    (iii)M/s. LG Philips Displays Korea Co. Ltd., Korea continues as a separate unrelated legal entity in Korea, however confirmedly, without being in the manufacture of the Product under Consideration.

 

And has recommended following amendments in the duty Table:

(i) against Serial No. 6, in column (6), the name of the Producer may be amended to read as M/s. Meridian Solar & Display Company Ltd.

(ii) against serial no. 6, in column No. (7), the name of the exporter may be amended to read as M/s. Meridian Solar & Display Company Ltd. or/ and M/s LG International (SPore) Pte. Limited, Singapore

 

Now, therefore, in exercise of the powers conferred by sub-section (1) and sub-section (5) of section 9A of the said Customs Tariff Act read with rules 18, 20 and 22 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, hereby makes the following amendments, in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 50/2009-Customs, dated the 15th May, 2009 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 337(E), dated the 15th May, 2009, namely:-  

 

In the said notification, in the Table,-

 

(i)         Against Sl.No.6, for the entries in column (6), M/s. Meridian Solar & Display Company Ltd. shall be substituted.

(ii)         Against Sl.No.6, for the entries in column (7), M/s. Meridian Solar & Display Company Ltd. or/ and M/s LG International (SPore) Pte. Limited, Singapore shall be substituted.

 

[F.No.354/87/2008-TRU (Pt.1)]

 

 

(K.S.V.V. Prasad)

Under Secretary to the Government of India 

 

Note. - The principal notification No. 50/2009-Customs, dated the 15th May, 2009 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 337(E), dated the 15th May, 2009.

 
 
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