[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUBSECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, the 23
rd
March, 2010.
Notification No. 39/2010-Customs
G.S.R. (E).- Whereas, in the matter of import of all kinds of plastic processing or injection moulding machines, also known as
injection presses, having clamping force not less than 40 tonnes (hereinafter referred to as the subject goods), falling under
tariff item 8477 10 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from,
People"s Republic of China (hereinafter referred to as the subject country), the designated authority, in its preliminary findings,
vide, notification No. 14/12/2008-DGAD, dated the 10
th
February, 2009, published in the Gazette of India, Extraordinary, Part
I, Section 1, dated the 10
th
February, 2009, had come to the conclusion that-
(a) the subject goods had entered the Indian market from the subject country at prices less than their normal values in the
domestic market of the exporting country;
(b) the dumping margins of the subject goods imported from the subject country were substantial and above de minimis; and
(c) the domestic industry had suffered material injury and the injury had been caused to the domestic industry, both by
volume and price effect of dumped imports of the subject goods, originating in or exported from, the subject country;
and had recommended the 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 of the Government of India in the Ministry of Finance
(Department of Revenue), No. 47/2009-Customs, dated 12
th
May, 2009, published in the Gazette of India Extraordinary, Part
II, Section 3, Sub-section (i), vide, number G.S.R. 316(E), dated the 12
th
May, 2009;
And whereas, the designated authority in its final findings, vide, notification No. 14/12/2008-DGAD dated the 31
st
December,
2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1
st
January, 2010, has come to the
conclusion that-
a) the subject goods have entered the Indian market from the subject country at prices less than their normal values in the
domestic market of the exporting country;
b) the dumping margins of the subject goods imported from the subject country are
substantial and above de minimis; and
c) the domestic industry has suffered material injury and the injury has been caused to the domestic industry, both by volume
and price effect of dumped imports of the subject goods originating in or exported from the subject country;
and had recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in, or
exported, from the subject country;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975
(51 of 1975) 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
preliminary 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 tariff item 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), originating in the country 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 country as specified in the corresponding entry in column (6), by the exporter as specified in the
corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate to be worked out as percentage of
the CIF value of imports of the subject goods as specified in the corresponding entry in column (9) of the said Table.
Table
Sl.
No
Tariff
Item
Description of
goods
Specification
Country of
origin
Country of
export
Producer Exporter
% of
CIF
Value
(1)(2) (3) (4) (5) (6) (7) (8) (9)
1
8477
10
00
Plastic
Processing or
Injection
Moulding
Machines*
Clamping force equal to or
more than 40 Tons
and equal to or less than
1000 tons.
People"s
Republic of
China
People"s
Republic of
China
M/s Guanzhou Borch
Machinery Co. Ltd
M/s Guanzhou
Borch
Machinery Co.
Ltd
60%
2
8477
10
00
Plastic
Processing or
Injection
Moulding
Machines*
Clamping force equal to or
more than 40 Tons
and equal to or less than
1000 tons.
People"s
Republic of
China
People"s
Republic of
China
M/s Zhejiang Sound
Machinery Manufacture
Co. Ltd.
M/s Zhejiang
Sound
Machinery
Manufacture
Co. Ltd.
135%
3
8477
10
00
Plastic
Processing or
Injection
Moulding
Machines*
Clamping force equal to or
more than 40 Tons
and equal to or less than
1000 tons.
People"s
Republic of
China
People"s
Republic of
China
M/s Zhejiang Golden
Eagle Plastics
Machinery Co. Ltd.
M/s Zhejiang
Golden Eagle
Co. Ltd.
126%
4
8477
10
00
Plastic
Processing or
Injection
Moulding
Machines*
Clamping force equal to or
more than 40 Tons
and equal to or less than
1000 tons.
People"s
Republic of
China
People"s
Republic of
China
M/s Ningbo Liguang
Machinery Co. Ltd.
M/s Ningbo
Liguang
Machinery Co.
Ltd.
81%
5
8477
10
00
Plastic
Processing or
Injection
Moulding
Machines*
Clamping force equal to or
more than 40 Tons
and equal to or less than
1000 tons.
People"s
Republic of
China
People"s
Republic of
China
M/s Ningbo Haixing
Plastics Machinery
Mfg. Co. Ltd.
M/s Ningbo
Haixing
Plastics
Machinery Mfg.
Co. Ltd.
100%
6
8477
10
00
Plastic
Processing or
Injection
Moulding
Machines*
Clamping force equal to or
more than 40 Tons
and equal to or less than
1000 tons.
People"s
Republic of
China
People"s
Republic of
China
M/s Hangzhou Tederic
Machinery Co. Ltd.
M/s Hangzhou
Tederic
Machinery Co.
Ltd.
68%
7
8477
10
00
Plastic
Processing or
Injection
Moulding
Machines*
Clamping force equal to or
more than 40 Tons
and equal to or less than
1000 tons.
People"s
Republic of
China
People"s
Republic of
China
Ningbo Haitian Plastic
Machinery Group
Ningbo Haitian
Plastic
Machinery
Group
79%
8
8477
10
00
Plastic
Processing or
Injection
Moulding
Machines*
Clamping force equal to or
more than 40 Tons
and equal to or less than
1000 tons.
People"s
Republic of
China
People"s
Republic of
China
Haitian Heavywork
Machinery Co. Ltd.
Haitian
Heavywork
Machinery Co.
Ltd.
105%
9
8477
10
00
Plastic
Processing or
Injection
Moulding
Machines*
Clamping force equal to or
more than 40 Tons
and equal to or less than
1000 tons.
People"s
Republic of
China
People"s
Republic of
China
Ningbo Haitian
Huayuan Machinery
Co. Ltd.
Ningbo Haitian
Huayuan
Machinery Co.
Ltd.
76%
10
8477
10
00
Plastic
Processing or
Injection
Moulding
Machines*
Clamping force equal to or
more than 40 Tons
and equal to or less than
1000 tons.
People"s
Republic of
China
People"s
Republic of
China
M/s Smargon Plastic
Machinery Co. Ltd.
M/s Wenzhou
Smargon
Import & Export
Co. Ltd.
174%
11
8477
10
00
Plastic
Processing or
Injection
Moulding
Machines*
Clamping force equal to or
more than 40 Tons
and equal to or less than
1000 tons.
People"s
Republic of
China
People"s
Republic of
China
Any combination of
producer and exporter
other than at Sr. No. 1
to 10 above.
174%
12
8477
10
00
Plastic
Processing or
Injection
Moulding
Machines*
Clamping force equal to or
more than 40 Tons
and equal to or less than
1000 tons.
People"s
Republic of
China
Any country
other than
People"s
Republic of
China
Any Any 174%
13
8477
10
00
Plastic
Processing or
Injection
Moulding
Machines*
Clamping force equal to or
more than 40 Tons
and equal to or less than
1000 tons.
Any country
other than
People"s
Republic of
China
China PR Any Any 174%
*The following shall be excluded from the levy of anti-dumping duty imposed under this notification,
(i) Blow moulding Machines classified under Customs Tariff Classification No. 847730.
(ii) Vertical injection moulding machines
(iii) All electric injection moulding machines wherein the mechanical movements such as injection, mould closing, mould
opening, ejection, screw drive, etc. are controlled by independent servo motors and having digital control system and without
Hydraulic Unit,
(iv) Multicolor / mutlimould machinery for making footwear, Rotary injection moulding machinery for making footwear and
footwear sole/strap/heel injection moulding machine classified under the Customs Tariff Classification No. 8453.
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, 12
th
May, 2009 and
shall be payable in Indian currency.
Explanation.- For the purposes of this notification, "CIF value" means assessable value as determined under section 14 of the
Customs Act, 1962 (52 of 1962).
[F. No. 354/53/2009-TRU]
(Prashant Kumar)
Under Secretary to the Government of India
