[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 30
th
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 17
th
February, 2009, published
in the Gazette of India, Extraordinary, Part I, Section I, dated the 17
th
February, 2009, read with the corrigendum No.
14/8/2007-DGAD, dated the 17
th
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 15
th
May, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide G.S.R. 337(E), dated the 15
th
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 13
th
November 2009 published in
the Gazette of India, Extraordinary, Part I, Section 1 dated the 13
th
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 23
rd
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 23
rd
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 19
th
July 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19
th
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 (S'Pore) 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 15
th
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 15
th
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
(S'Pore) 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 15
th
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 15
th
May, 2009.
