[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. 98 /2010-Customs
New Delhi, the 28
th
September, 2010
G.S.R. 783(E). - Whereas, in the matter of import of Recordable Digital Versatile Disc [DVD] of all kinds (hereinafter referred
as the subject goods), falling under heading 8523 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and
originating in, or exported from Malaysia, Thailand and Vietnam, (hereinafter referred to as the subject countries) into India, the
Designated Authority, in its preliminary findings vide notification No. 14/16/2009-DGAD dated the 13th November, 2009,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th November, 2009, had come to the conclusion
that,-
a) the subject goods had been exported to India from the subject countries below its normal value;
b) the domestic industry had suffered material injury;
c) the injury had been caused by the dumped imports from subject countries;
and had recommended imposition of provisional anti-dumping duty on all imports of the subject goods originating in, or
exported from, the subject country;
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 vide notification No. 48/2010 - Customs, dated the 12
th
April, 2010,
published in the Gazette of India, Extraordinary Part II, Section 3, Sub-section (i), vide number G.S.R. 313(E), dated the 12
th
April, 2010;
And Whereas, the Designated Authority, in its final findings vide notification No. 14/16/2009-DGAD dated the 2
nd
July, 2010,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2
nd
July, 2010, has come to the conclusion that-
(i) the subject goods have been exported to India from the subject countries below its normal value;
(ii) the domestic industry has suffered material injury;
(iii) the injury has been caused by the dumped imports from subject countries,
and has recommended imposition of definitive anti-dumping duty on all imports of the subject goods, originating in, or exported
from, the subject countries;
Now, therefore, in exercise of the powers conferred by sub-section (1) read with sub-section (5) of section 9A of the said
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, on the basis of the aforesaid
final 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 specified in the corresponding entry
in column (2), originating in the country specified in the corresponding entry in column (4), and exported from the country
specified in the corresponding entry in column (5) and produced by the producer specified in the corresponding entry in column
(6) and exported by the exporter specified in the corresponding entry in column (7), and imported into India, an anti-dumping
duty at the rate equal to the amount indicated in the corresponding entry in column (8), in the currency as specified in the
corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9) of the
said Table.
Table
S.
No.
Tariff
heading
Description
of goods
Country of
origin
Country of export ProducerExporterAmountUnitCurrency
(1)(2) (3) (4) (5) (6) (7) (8) (9)(10)
18523
Digital
Versatile
Disc
Recordable
Vietnam Vietnam
M/s- Ritek
Vietnam Co.
Ltd
M/s-
Ritek
Vietnam
Co. Ltd
29.75
Per
1000
pieces
US Dollar
28523
Digital
Versatile
Disc
Recordable
Vietnam Vietnam
Any other
combination of
producer and
exporter other
than at S. No. 1
50.51
Per
1000
pieces
US
Dollar
38523
Digital
Versatile
Disc
Recordable
Vietnam
Any country other than Vietnam
and other than the country already
subject to anti dumping duty vide
S. No. 3 under column 5 of the duty
table in Notification No. 8/2009-
Customs dated the 22
nd
January,
2009
Any Any 50.51
Per
1000
pieces
US Dollar
48523
Digital
Versatile
Disc
Recordable
Any country
other than
countries
attracting anti
dumping duty
Vietnam Any Any 50.51
Per
1000
pieces
US Dollar
58523
Digital
Versatile
Disc
Recordable
ThailandThailand Any Any 25.98
Per
1000
pieces
US Dollar
68523
Digital
Versatile
Disc
Recordable
Thailand
Any country other than Thailand
and other than the country already
subject to anti dumping duty vide
S. No. 6 under column 5 of the duty
table in Notification No. 8/2009-
Customs dated the 22
nd
January,
2009
Any Any 25.98
Per
1000
pieces
US Dollar
78523
Digital
Versatile
Disc
Recordable
Any country
other than
countries
attracting
antidumping
duty
Thailand Any Any 25.98
Per
1000
pieces
US Dollar
88523
Digital
Versatile
Disc
Recordable
MalaysiaMalaysia Any Any 35.92
Per
1000
pieces
US Dollar
98523
Digital
Versatile
Disc
Recordable
Malaysia
Any country other than Malaysia
and other than the country already
subject to anti dumping duty vide
S. No. 9 under column 5 of the duty
table in Notification No. 8/2009-
Customs dated the 22
nd
January,
2009
Any Any 35.92
Per
1000
pieces
US Dollar
108523
Digital
Versatile
Disc
Recordable
Any country
other than
countries
attracting anti
dumping duty
Malaysia Any Any 35.92
Per
1000
pieces
US Dollar
2. The anti-dumping duty imposed under this notification shall be levied for a period of five years (unless revoked,
superseded or amended earlier) with effect from the date of imposition of the provisional anti-dumping duty, that is, the12
th
April, 2010, and shall be payable in Indian currency.
Explanation.- For the purposes of this notification,-
(a) Digital Versatile Disc Recordable means such discs of all kinds and includes DVD-R, DVD+R, DVD-RW and DVD+RW;
(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 Customs
Act.
[F. No. 354/244/2009-TRU (Pt.1)]
(K.S.V.V. Prasad)
Under Secretary to the Government of India
