[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 8
th
December, 2009
Notification No. 132/2009-Customs
G.S.R. (E).- Whereas, in the matter of import of all kinds of Synchronous Digital Hierarchy Transmission Equipment
(hereinafter referred to as the subject goods), falling under sub-heading 8517 62 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975), originating in or exported from, People's Republic of China (China PR) and Israel (hereinafter referred
to as the subject countries), the designated authority, in its preliminary findings vide notification No. 14/2/2009-DGAD, dated
the 7
th
September, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7
th
September, 2009,
has come to the conclusion that-
i) the subject goods have entered the Indian market from the subject countries at prices less than their normal values in the
domestic markets of the exporting countries;
ii) the dumping margins of the subject goods imported from the subject countries are substantial and above de minimis;
iii) 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 countries,
and has recommended imposition of provisional 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 (2) of section 9A of the said Customs Tariff Act, read with
rules 13 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 sub-heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column
(2), originating in the country as specified in the corresponding entry in column (4) and produced by the producer 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 exporter as specified in the corresponding entry in column (7), 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 (8) of the said Table.
Table
S.
No.
Sub-
heading
Description
Country
of
origin
Country
of
export
Producer Exporter Amount
Unit of
Measurement
(1)(2) (3) (4)(5) (6) (7) (8) (9)
1
8517
62
Complete Synchronous Digital
Hierarchy (SDH) equipment
including in CKD / SKD and
including its parts and components
which have a dedicated use for the
equipment
China
PR
China
PR
M/S Fibrehome
Telecommunication
Technologies Ltd.
M/S Fibrehome
Telecommunication
Technologies Ltd.
236%
% of CIF
Value of
Imports
2-do--do-
China
PR
China
PR
Alcatel-Lucent
Shanghai Bell Co.
Ltd.
Alcatel-Lucent
Shanghai Bell Co.
Ltd.
29%
% of CIF
Value of
Imports
3-do--do-
China
PR
China
PR
M/S Huawei
Technologies Co.,
Ltd.
M/S Huawei
Technologies Co.,
Ltd
50%
% of CIF
Value of
Imports
4-do--do-
China
PR
China
PR
Any other
combination than
as at Sl. 1, 2 and 3
above
Any 236%
% of CIF
Value of
Imports
5-do--do-
China
PR
Israel
M/S Hangzhou ECI
Telecommunication
Co. Ltd
M/S ECI Telecom
Ltd., Israel
93%
% of CIF
Value of
Imports
6-do--do-
China
PR
Israel
Any other than
combination as at
Sl.No.5 above
Any 236%
% of CIF
Value of
Imports
7-do--do-
China
PR
AnyAny Any 236%
% of CIF
Value of
Imports
8-do--do-
Any
other
than
Israel
China
PR
Any Any 236%
% of CIF
Value of
Imports
9-do--do- IsraelIsrael
M/S ECI Telecom
Ltd., Israel
M/S ECI Telecom
Ltd., Israel
Nil
% of CIF
Value of
Imports
10-do--do- IsraelIsrael
Any other than
combination as at
Sl. No. 9 above
Any 37%
% of CIF
Value of
Imports
11-do--do- IsraelAnyAny Any 37%
% of CIF
Value of
Imports
12-do--do-
Any
other
than
China
PR
IsraelAny Any 37%
% of CIF
Value of
Imports
Note.- 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. 354/204/2009-TRU]
(Limatula Yaden)
Deputy Secretary to the Government of India