07/2003 DATE 07/01/2003

Float Glass – Anti-dumping Duty on Imports from China and Indonesia – Duty Not Leviable on Imports by Mahavir Mirror Industries

G. S. R. (E)- WHEREAS in the matter of Float Glass of thickness 2mm to 12mm (both thickness inclusive) of clear aswell as tinted variety (other than green glass) but not including processed glass meant for decorative, industrial or automotive purposes (hereinafter referred to as the subject goods), falling under heading 70.05 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the Designated Authority vide its preliminary findings notification No. 14/19/2002-DGAD, dated the 20th November, 2002 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th November, 2002 has come to the conclusion that –

(a) the subject goods have been exported to India from the subject countries below the normal value;

(b) the domestic industry has suffered material injury;

(c) the material injury has been caused by the dumped imports from subject countries; and the Designated Authority has recommended imposition of anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods, originating in, or exported from, the subject countries;

(Paragraph 1 has been substituted vide CUS NTF NO. 81/2003 DATE 14/05/2003)

[OLD AND WHEREAS, the High Court of Judicature at Madras in W.P. Miscellaneous Petition No. 65201 of 2002 in W.P. 44506 of 2002 – Mahavir Mirror Industries Vs The Designated Authority, Directorate General of Anti-dumping and Allied Duties, Government of India and others, considering that similar issue dealt with by a Division Bench of the said court in W. A. No. 1636/2002 and interim order passed in WAMP 2850 of 2002 (wherein the Central Government has been allowed to proceed upto the stage of Rule 13, that is, consideration of the preliminary finding of the designated authority and should the order go adverse to the appellant, the same may be kept in abeyance till further orders), vide its order dated the 11th December, 2002, has allowed the Central Government to proceed only up to the stage of Rule 13 and further decision shall be kept in abeyance until further orders by the said Court; ]

NOW, therefore, in excise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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, on the basis of the aforesaid findings of the Designated Authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under heading of the First schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5), and produced by the producer as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equal to the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit measurement as specified in the corresponding entry in column (10), of the said Table.

S. No	Hea- ding	Descr- iption of goods	Speci- fication	Country of origin	Cou- ntry of export	Producer	Expo- rter	Amo- unt	Unit of Meas- urment	Curr- ency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	70.05	Float Glass	Thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including processed glass meant for decorative, industrial or automotive purposes	Any country other than China	Indo- nesia	Any producer	M/s PT Mulia	67.34	Metric tonne	USD
2.	70.05	Float Glass	Thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including processed glass meant for decorative, industrial or automotive purposes	Any country other than China	Indo- nesia	Any producer	M/s PT Tensindo	78.99	Metric tonne	USD
3.	70.05	Float Glass	Thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including processed glass meant for decorative, industrial or automotive purposes	Any country other than China	Indo- nesia	Any producer	All exporters except M/s PT Mulia and PT Tensindo	81.82	Metric tonne	USD
4.	70.05	Float Glass	Thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including processed glass meant for decorative, industrial or automotive purposes	China	Indo- nesia	Any prod- ucer	Any exporter	82.18	Metric tonne	USD
5.	70.05	Float Glass	Thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including processed glass meant for decorative, industrial or automotive purposes	Any country other than Indonesia	China	Any producer	Any exporter	82.18	Metric tonne	USD
6.	70.05	Float Glass	Thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including processed glass meant for decorative, industrial or automotive purposes	Indonesia	China	Any producer	M/s PT Mulia	67.34	Metric tonne	USD
7.	70.05	Float Glass	Thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including processed glass meant for decorative, industrial or automotive purposes	Indonesia	China	Any producer	M/s PT Tensindo	78.99	Metric tonne	USD
8.	70.05	Float Glass	Thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including processed glass meant for decorative, industrial or automotive purposes	Indonesia	China	Any producer	All exporter except M/s PT Mulia and Pt Tensindo	81.22	Metric tonne	USD

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 6th day of July, 2003 and shall be payable in Indian currency.

(Paragraph 3 has been omitted vide CUS NTF NO. 81/2003 DATE 14/05/2003)

[OLD3. The anti-dumping duty imposed under this notification shall not be levied on the subject goods if imported by Mahavir Mirror Industries, No. 3 Devraj Mudali Street, Chennai-3 in view of the directions given by the High Court of Judicature at Madras.]

Explanation – For the purposes of this notification,-

(a) "USD" means US Dollar;

(b) "rate of exchange" applicable for the purposes of calculation of 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 under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, and the relevant date the determination of the "rate of exchange" shall be the date of presentation of the "bill of entry" under section 46 of the said Customs Act.