Notification No. 18/2017-Customs (ADD) Dated 12/05/2017

Seeks to levy definitive anti-dumping duty, on Cold Rolled Flat Products of alloy or non-alloy steel originating in or exported from China PR, Japan, Korea RP, or Ukraine for a period of five years (unless revoked, superseded or amended earlier) from the date of imposition of the provisional anti-dumping duty, that is, 17th August, 2016-

[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. 18/2017-Customs (ADD)

New Delhi, the 12th May, 2017

G.S.R. (E).- Whereas in the matter of „Cold-Rolled flat products of alloy or non-alloy steel‟ (hereinafter referred to as the subject goods) falling under chapter headings 7209, 7211, 7225 or 7226 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 China PR, Japan, Korea RP or Ukraine (hereinafter referred to as the subject countries), and imported into India, the designated authority in its preliminary findings vide notification number 14/12/2016-DGAD, dated the 3rd August, 2016, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd August, 2016, and read with corrigendum dated 10th August, 2016, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th August, 2016, had recommended imposition of provisional anti-dumping duty on the imports of 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 provisional anti-dumping duty on the subject goods with effect from 17th August, 2016 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 45/2016-Customs (ADD), dated the 17th August, 2016, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 570 (E), dated the 17th August, 2016;

And, whereas the Central Government had extended the anti-dumping duty imposed on subject goods originating in, or exported from the subject countries vide notification No. 06/2017-Cus (ADD), dated the 7th February, 2017, published in the Gazette of India, Part II, Section 3, Sub-section (i) vide number G.S.R. 87 (E), dated the 7th February, 2017 up to and inclusive of 16th April, 2017;

And, whereas, the designated authority in its final findings vide notification number 14/12/2016-DGAD dated the 10th April, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th April, 2017, while confirming the preliminary findings dated the 3rd August, 2016, read with corrigendum dated 10th August, 2016, has come to the conclusion that–

(i) the subject goods have been exported to India from subject countries below its normal value, thus resulting in dumping of the product;
(ii) the domestic industry has suffered material injury due to dumping of the subject goods;
(iii) the material injury has been caused by the dumped imports of the subject goods originating in or exported from the subject countries,

and has recommended imposition of definitive anti-dumping duty on the imports of subject goods, originating in, or exported from the subject countries and 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 definitive anti-dumping duty on the subject goods, the description of which is specified in column (3) of the Table below, falling under chapter heading 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 (4), exported from the countries as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an antidumping duty at a rate which is equivalent to the difference between the amount mentioned in the corresponding entry in column (8) and the landed value of the subject goods, provided the landed value is less than such amount specified in column (8) , in the currency as specified in the corresponding entry in column (10) and as per unit of measurement as specified in the corresponding entry in column (9) of the said Table, namely:-

 

Table

Note:

i. Nil duty, as at serial number 3 of the table above, is only applicable for following quality/grades:

(a) Micro-alloyed steels of Advanced High Strength Quality (AHSS) with minimum UTS >= 590MPa having width =< 600 mm oiled and with trimmed edges

(b) Medium and High Carbon steels with Carbon >0.15% having width =<600mm oiled and with trimmed edges.

ii. The description of the subject goods excludes the following :

(a) Stainless Steel

(b) High Speed Steel, i.e., alloy steels containing, with or without other elements, at least two of the three elements Molybdenum (Mo), Tungsten (W) and Vanadium (V) with a combined content by weight of 7% or more, 0.6% or more of Carbon and 3 to 6% of Chromium.

(c) Silicon Electrical Steels confirming to Grain Oriented and Non- Grain Oriented Steels i.e. alloy steels containing by weight, atleast 0.6% but not more than 6% of Silicon and not more than 0.08% of Carbon. This steel may also contain by weight not more than 1% of Aluminium but no other element in a proportion that would give the steel the characteristics of other alloy steel.

 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 imposition of the provisional anti-dumping duty, that is, the 17th August, 2016, and shall be payable in Indian currency:

Provided that the said anti-dumping duty shall not be levied for the period commencing from the date of the lapse of the provisional anti-dumping duty, that is, the 17th April, 2017 upto the preceding day of the publication of this notification in the Official Gazette.

¹[3. Notwithstanding anything contained in paragraph 2, the anti-dumping duty imposed under this notification shall remain in force up to and inclusive of the 15^th December, 2021, unless revoked, superseded or amended earlier.]

Explanation.- For the purposes of this notification, -

(a) “landed value” of imports for the purpose of this notification means the assessable value as determined by the customs under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the Customs Tariff Act, 1975;

(b) 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 the relevant 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 Act.

[F.No.354/128/2016-TRU]

(Mohit Tewari)

Under Secretary to the Government of India

1.Inserted Vide:- Notification No. 37/2021 -Customs (ADD) Dated 29/06/2021