[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDI NARY, PART II,
SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification
No. 15/2016-Customs (ADD)
New Delhi, the dated 26th April, 2016
G.S.R. (E). – Whereas, the designated authority, vide notification No. 15/20/2014-DGAD,
dated the 6
th
December, 2014, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 6
th
December, 2014, had initiated a review in the matter of continuation
of anti-dumping duty on imports of Synchronous Digital Hierarchy Transmission Equipment
(hereinafter referred to as the subject goods), falling under sub-headings 8517 62 or 8517 70
of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)(hereinafter referred to as
the Customs Tariff Act), originating in or exported from People’s Republic of China and
Israel (hereinafter referred to as subject countries), imposed vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No. 125/2010-
Customs, dated the 16th December, 2010, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R.981(E), dated the 16th December, 2010;
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in or exported from the subject countries, upto and inclusive of the
7th December, 2015, vide notification of the Government of India, in the Ministry of Finance
(Department of Revenue) No.01/2015-Customs(ADD), dated the 5th January, 2015,
published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R 8(E), dated the 5th January, 2015;
And whereas, in the matter of review of anti-dumping duty on import of the subject
goods, originating in or exported from the subject countries, the designated authority in its
final findings published vide notification No. 15/20/2014-DGAD, dated the 5
th
February,
2016, in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5
th
February, 2016
has come to the conclusion that-
(i) As far as Huawei China, ZTE Corporation Ltd, China, Alcatel-Lucent Shanghai
Bell Co. Ltd., China are concerned, there is continued dumping of the subject
goods from these companies in the period of investigation. Dumped imports
were causing injury to the domestic industry in the period of investigation;
(ii) As far as HETC, China is concerned, there is negligible dumping in the period of
investigation (POI) and in this behalf, the Authority has, therefore, examined the
post POI exports to India as well as third countries and found that the same were
un-dumped. Therefore, there was no likelihood of dumping;
(iii) As far as ECI Telecom, Israel is concerned, the exports of the subject goods to
India in the POI and to India as well as third countries in the post-POI were not at
dumped prices and thus there is no likelihood of dumped imports from ECI
Telecom, Israel if the duty is revoked;
and has recommended imposition of the definitive anti-dumping duty on 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 23 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 subject
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 countries 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 countries 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 at the rate equal to the amount as
specified in the corresponding entry in column (8), and as per unit of measurement as
specified in the corresponding entry in column (9), of the said Table
Table
S.
No
Head
ing/s
ub-
headi
ng
Descripti
on of
goods
Countr
y of
origin
Countr
y of
export
Producer Exporter
Duty
amou
nt
Unit
(1) (2) (3) (4) (5) (6) (7) (8) (9)
1.
8517
62 or
8517
70
Synchrono
us Digital
Hierarchy
transmissi
on
equipment
as
specified
in Notes 1
to 5 below
People’s
Republi
c of
China
People’s
Republi
c of
China
M/s
ZTE
Corporat
ion Ltd.
M/s ZTE
Corporation
Ltd.
48.42
% of
CIF
value
of
import
s
2. Do Do
People’s
Republi
c of
People’s
Republi
c of
M/s
Alcatel-
Lucent
M/s Alcatel-
Lucent
Shanghai
54.09 Do
China China Shangha
i Bell
Co. Ltd
Bell Co. Ltd
3. Do Do
People’s
Republi
c of
China
People’s
Republi
c of
China
M/s
Huawei
Technol
ogies
Co. Ltd
M/s Huawei
Technologies
Co. Ltd.,
China PR or
Huawei Tech
Investment
Co., Ltd.,
Hong Kong
or Huawei
International
Pte Ltd.,
Singapore
37.73 Do
4. Do Do
People’s
Republi
c of
China
People’s
Republi
c of
China
Hangzh
ou ECI
Telecom
municati
on Co.
Ltd
M/s ECI
Telecom
Ltd., Israel
Nil Do
5. Do Do
People’s
Republi
c of
China
People’s
Republi
c of
China
Any
other
than
Sl.No.
1,2,3
and 4
above
Any 86.59 Do
6. Do Do
People’s
Republi
c of
China
Any
country
other
than
People’s
Republi
c of
China
Any Any 86.59 Do
7. Do Do Any
People’s
Republi
c of
China
Any Any 86.59 Do
8. Do Do Israel Israel
M/s ECI
Telecom
Ltd.
M/s ECI
Telecom Ltd.
Nil Do
9. Do Do Israel Israel
Any
other
than
Sl.No. 8
above
Any 9.42 Do
10. Do Do Israel
Any
country
Any Any 9.42 Do
other
than
People’s
Republi
c of
China or
Israel
11. Do Do
Any
country
other
than
People’s
Republi
c of
China
Israel Any Any 9.42 Do
Note 1: The product under consideration (PUC) will include “Synchronous Digital
Hierarchy transmission equipment, viz., STM-1, STM-4, STM-16, STM-64, STM-256, in
assembled, CKD, SKD form, its assemblies and sub-assemblies or fitted with eventual
broadband or cellular equipment. PUC will also include Add Drop Multiplexers (ADM) (For
SDH application only), Multiple Add Drop Multiplexers (MADM) (For SDH application
only), and Digital Cross Connect (DXC) (For SDH application only), Populated Circuit
Boards (For SDH application Only) and parts / components imported as a part of equipment,
so long they are imported along with the equipment or its assemblies or subassemblies. The
PUC will also include software meant for SDH, which is an integral part of these equipments,
which may be bought either as a part of the equipment or separately. However components or
parts imported on a standalone basis are outside the purview of PUC.
Note 2: SDH Equipment essentially transmits signals through the medium of optical fibre.
There may be SDH equipment meant for transmission through electrical copper medium or
microwave radio medium. The SDH equipment transmitting the data through optical fibre
alone shall be subject to levy of anti-dumping duty.
Note 3: When SDH is imported as a part of eventual broadband or cellular equipment, the
AD Duty shall be payable only on the SDH portion of the imports. Similarly, when eventual
broadband or cellular equipment is imported as a part of the SDH equipment, the anti-
dumping duty shall be payable only on the SDH portion of the imports.
Note 4: PDH, CWDM, DWDM, Microwave systems, GPON, D SLAM, MSAN, BITS,
routers, PDSN, SGSN, MGW, BTS, BSC, MSC, ONT, HLR, HSS and MRP being non-SDH
in any of its form are outside the scope of PUC and, therefore, not subject to levy of anti-
dumping duty.
Note 5: Microwave radio terminals which could have an STM-1 interface to the SDH
transmission equipment and act as a physical media to enable the connectivity between the
radio and the SDH equipment are outside the purview of payment of anti-dumping duty.
2. The anti-dumping duty imposed under this notification shall be effective for a period
of five years from the date of publication of this notification in the Official Gazette and shall
be paid in Indian currency.
Explanation.- For the purposes of this notification, 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.354/204/2009-TRU (Pt.-I)]
(Anurag Sehgal)
Under Secretary to the Government of India
