[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. 144/2009-Customs
New Delhi, the 23rd December, 2009
G.S.R.(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, had come to the conclusion that -
(a)imports originating in the subject country are taking place at dumped prices and the same have 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) has resulted in significant decline in market share of the domestic industry;
and had recommended imposition of anti-dumping duty, on all imports of the subject goods, originating in or exported from the subject countries;
And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on cathode ray colourtelevision picture tubes originating in, or exported from the subject countries and imported into India 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 Part II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary, G.S.R. 337(E) dated the 15th May, 2009;
And whereas M/s Meridian Solar & Display Company Ltd. producer / exporter from Korea RP have requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping 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 has recommended provisional assessment of all exports of cathode ray colour television picture tubes made by the said M/s Meridian Solar & Display Company Ltd. producer/ exporter from Korea RP till the completion of the said review;
Now, therefore, in exercise of the powers conferred by sub-rule (2) of rule 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, after considering the aforesaid recommendation of the designated authority, hereby orders that pending the outcome of the said review by the designated authority, export of compact cathode ray colour television picture tubes, falling under sub-heading 8540 11 of the First Schedule to the said Customs Tariff Act, by M/s Meridian Solar & Display Company Ltd. producer/ exporter from Korea RP, when imported into India, shall be subjected to provisional assessment till the review is completed.
2. The provisional assessment may be subject to such security or guarantee as the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, deems fit for payment of the deficiency, if any, in case a definitive anti dumping duty is imposed retrospectively, on completion of investigation by the designated authority.
3. In case of recommendation of anti-dumping duty after completion of the said review by the designated authority, the importer shall be liable to pay the amount of such anti-dumping duty recommended on review and imposed on all imports of cathode ray colour television picture tubes into India, exported by M/s Meridian Solar & Display Company Ltd. producer/ exporter from Korea RP, when imported into India, from the date of initiation of the said review.
Explanation:- For the purposes of this notification, Television picture tubes means complete or incomplete thermionic, cold cathode or photo cathode valves and tubes such as vacuum or vapor or gas filled valves and tubes, mercury arc rectifying valves and tubes, also called cathode ray tubes, television camera tubes or cathode ray colour television picture tubes, or colour television picture tubes, or colour picture tubes etc. but does not include video and computer monitor cathode ray tubes.