[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. 12/2021 -Customs (ADD)
New Delhi, the 5
th
March, 2021
G.S.R.---(E).- – Whereas, in the matter of “Black Toner in Powder Form” (hereinafter
referred to as the subject goods), falling under tariff sub-heading 3707 90 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 the China PR, Malaysia and Chinese Taipei
(hereinafter referred to as the subject countries) and imported into India, the designated
authority vide its preliminary findings No. 6/6/2020-DGTR, dated the 18
th
June, 2020,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18
th
June, 2020,
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 10
th
August, 2020 vide notification of the Government of India in the Ministry of
Finance (Department of Revenue), No. 22/2020-Customs (ADD), dated the 10
th
August,
2020, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 498(E), dated the 10
th
August, 2020;
And, whereas, the designated authority in its final findings vide notification No.
6/6/2020-DGTR, dated the 28
th
January, 2021, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 28
th
January, 2021, while confirming the
preliminary findings dated the 18
th
June, 2020, has come to the conclusion that-
(i) the product under consideration has been exported to India from the subject countries
below its normal value;
(ii) the domestic industry has suffered material injury;
(iii)material injury has been caused by the dumped imports of the product under
consideration from the subject countries;
and has recommended imposition of definitive anti-dumping duties on the imports of
the subject goods originating in, or exported from the subject countries;
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 on the subject goods, the
description of which is specified in column (3) of the Table below, falling under the tariff
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), and
imported into India, an anti-dumping duty at the rate equal to the amount as specified in the
corresponding entry in column (7), in the currency as specified in the corresponding entry in
column (9) and as per unit of measurement as specified in the corresponding entry in column
(8) of the said Table, namely :-
TABLE
S.
No
HS
Code
Description
of Goods*
Country
of Origin
Country
of
Export
Producer Amount Unit Currency
(1) (2) (3) (4) (5) (6) (7) (8) (9)
1 3707 Black
Toner in
Powder
Form*
China PR Any
country
including
China PR
a) Handan
Hanguang OA
Toner Co.,
Ltd.
b) HG
Technologies
Co., Ltd.
1167 MT USD
2 3707 Black
Toner in
Powder
Form*
China PR Any
country
including
China PR
Any producer
other than at
serial number
1
1458 MT USD
3 3707 Black
Toner in
Powder
Form*
Any
country
other than
China PR,
Malaysia
& Taiwan
China PR Any 1458 MT USD
4 3707 Black
Toner in
Powder
Form*
Malaysia Any
country
including
Malaysia
Any 1568 MT USD
5 3707 Black
Toner in
Powder
Form*
Any
country
other than
Malaysia,
China PR
& Taiwan
Malaysia Any 1568 MT USD
6 3707 Black
Toner in
Powder
Form*
Taiwan Any
country
including
Taiwan
Any 159 MT USD
S.
No
HS
Code
Description
of Goods*
Country
of Origin
Country
of
Export
Producer Amount Unit Currency
7 3707 Black
Toner in
Powder
Form*
Any
country
other than
Taiwan,
China PR
& Malaysia
Taiwan Any 159 MT USD
*Black Toner in Powder Form excluding the following:
(i) Color Toner;
(ii) MICR Toner (Specialized Toner used for printing in Cheques);
(iii) Toners imported for the use by Original Equipment Manufacturers of Printing Equipment;
(iv) Toner in Cartridges;
(v) Toner in liquid form;
2. 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 imposition of the
provisional anti-dumping duty, that is, the 10
th
August, 2020, 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 9
th
February, 2021 upto the preceding day of the publication of this notification in the Official
Gazette.
Explanation.- For the purposes of this notification, rate of exchange applicable for the
purpose 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 Customs Act.
[F. No. 354/91/2020-TRU]
(J. S. Kandhari)
Deputy Secretary to the Government of India
