[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.135/2009-Customs
New Delhi, the 9
th
December, 2009
G.S.R. (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, Indonesia (hereinafter referred to as the subject country), the designated authority, in its
preliminary findings vide notification No. 14/15/2008-DGAD, dated the 30
th
December, 2008, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 30
th
December, 2008, has come to the conclusion that-
a) the subject goods have been exported to India from the subject country below its normal value;
b) the domestic industry has suffered material injury;
c) the injury has been caused by the dumped imports 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. 31/2009 - Customs, dated the 27
th
March, 2009,
published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 215(E), dated the 27
th
March, 2009;
And whereas, the designated authority, in its final findings vide notification No. 14/15/2008-DGAD, dated the 10
th
September,
2009, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 11
th
September, 2009, has come to the
conclusion that -
i. imports originating in the subject country are taking place at dumped prices and the same have caused material injury
to the domestic industry;
ii. subject goods exported from the subject country are at prices below their normal values, non injurious price of the
domestic industry and have caused injury to the domestic industry;
iii. 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;
iv. 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; and
v. 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) has resulted in significant decline in market share of the domestic industry;
and has recommended to impose definitive anti-dumping duties on all 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 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, and in supersession of the notification of the Government of India in the
Ministry of Finance (Department of Revenue) No. 31/2009-Customs, dated the 27
th
March, 2009, vide G.S.R. 215(E), dated
the 27
th
March, 2009, except as respects things done or omitted to be done before such supersession, 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 sub-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 (8),
originating in the country as specified in the corresponding entry in column (4) and produced by the producers as specified in
the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by
the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty equal to the
difference between the amount specified in the corresponding entry in column (9) and the landed value, in the currency as
specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in
column (10) of the said Table.
Table
Sl.
No.
Sub-
heading
Description
of Goods
Country of origin
Country of
export
ProducerExporter
Specification
in inches
AmountUnitCurrency
(1)(2) (3) (4) (5) (6) (7) (8) (9)(10)(11)
1.8540 11
Colour
Television
Picture
Tubes
Indonesia Indonesia
PT LP
Displays
Indonesia
PT LP
Displays
Indonesia
14" 21.76
Per
Pc
US $
2.8540 11
Colour
Television
Picture
Tubes
Indonesia Indonesia Any otherAny other 14" 21.76
Per
Pc.
US$
3.8540 11
Colour
Television
Picture
Tubes
Any other than
Korea RP, China
PR, Malaysia and
Thailand
Indonesia Any Any 14" 21.76
Per
Pc.
US$
4.8540 11
Colour
Television
Picture
Tubes
Indonesia
Any other than
Korea RP, China
PR, Malaysia and
Thailand
Any Any 14" 21.76
Per
Pc.
US$
5.8540 11
Colour
Television
Picture
Tubes
Indonesia Indonesia
PT LP
Displays
Indonesia
PT LP
Displays
Indonesia
20" 32.16
Per
Pc.
US$
6.8540 11
Colour
Television
Picture
Tubes
Indonesia Indonesia Any otherAny other 20" 32.16
Per
Pc.
US$
7.8540 11
Colour
Television
Picture
Tubes
Any other than
Korea RP, China
PR, Malaysia and
Thailand
Indonesia Any Any 20" 32.16
Per
Pc.
US$
8.8540 11
Colour
Television
Picture
Tubes
Indonesia
Any other than
Korea RP, China
PR, Malaysia and
Thailand
Any Any 20" 32.16
Per
Pc.
US$
9.8540 11
Colour
Television
Picture
Tubes
Indonesia Indonesia
PT LP
Displays
Indonesia
PT LP
Displays
Indonesia
21" 36.99
Per
Pc.
US$
10.8540 11
Colour
Television
Picture
Tubes
Indonesia Indonesia Any otherAny other 21" 42.93
Per
Pc.
US$
11.8540 11
Colour
Television
Picture
Tubes
Any other than
Korea RP, China
PR, Malaysia and
Thailand
Indonesia Any Any 21" 42.93
Per
Pc.
US$
12.8540 11
Colour
Television
Picture
Tubes
Indonesia
Any other than
Korea RP, China
PR, Malaysia and
Thailand
Any Any 21" 42.93
Per
Pc.
US$
13.8540 11
Colour
Television
Picture
Tubes
Indonesia Indonesia Any Any 15" 31.38
Per
Pc.
US$
148540 11
Colour
Television
Picture
Tubes
Any other than
Korea RP, China
PR, Malaysia and
Thailand
Indonesia Any Any 15" 31.38
Per
Pc.
US$
158540 11
Colour
Television
Picture
Tubes
Indonesia
Any other than
Korea RP, China
PR, Malaysia and
Thailand
Any Any 15" 31.38
Per
Pc.
US$
168540 11
Colour
Television
Picture
Tubes
Indonesia Indonesia Any Any 29" 92.06
Per
Pc.
US$
178540 11
Colour
Television
Picture
Tubes
Any other than
Korea RP, China
PR, Malaysia and
Thailand
Indonesia Any Any 29" 92.06
Per
Pc.
US$
188540 11
Colour
Television
Picture
Tubes
Indonesia
Any other than
Korea RP, China
PR, Malaysia and
Thailand
Any Any 29" 92.06
Per
Pc.
US$
Explanation . - For the purposes of this notification, -
(a) "colour television picture tubes" means complete or incomplete thermionic, cold cathode or photo cathode valves and tubes
such as vacuum or vapor or gas filled valves and tubes, mercury arc rectifying valves and tubes, also called cathode ray tubes,
television camera tubes or cathode ray colour television picture tubes, or colour television picture tubes, or colour picture tubes
etc. but does not include video and computer monitor cathode ray tubes.
(b) "landed value" means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all
duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act.
(c) 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.
(d) the anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the
provisional anti-dumping duty, that is, 27
th
March, 2009, and shall be payable in Indian currency.
[F. No: 354/1/2009- TRU]
(Limatula Yaden)
Deputy Secretary to the Government of India
