[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. 116 / 2009-Customs
New Delhi, the 8
th
October, 2009
G.S.R. (E). – Whereas, in the matter of import of Plain Medium Density Fibre Board of thickness 6 mm and above, (hereinafter
referred to as the subject goods) , falling under heading 4411 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975) and originating in, or exported from the People"s Republic of China, Malaysia, Thailand and Sri Lanka ( hereinafter
referred to as the subject countries), the designated authority, vide its preliminary findings vide notification No. 14/12/2007-
DGAD dated 2
nd
February, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2
nd
February,
2009, had come to the conclusion that -
1. the subject goods had been exported from subject countries to India at dumped prices. The dumping margins of the
subject goods imported from the subject countries were substantially and above de-minimis; and
2. the domestic industry had suffered material injury and injury had been caused to the domestic industry both by the volume
and price effect of dumped import of the subject goods originating in, or exported from, the subject countries; and
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. 21/2009-Customs, dated the 27
th
February, 2009,
published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 132(E), dated the 27
th
February, 2009;
And whereas, the designated authority, vide its final findings vide notification No. 14/12/2007-DGAD dated 26
th
August, 2009,
published in the Gazette of India, Extraordinary, Part I, Section I, dated the 26
th
August, 2009, has come to the conclusion that
-
1. the subject goods have been exported to India from the subject countries at dumped prices and dumping margins have
been substantial and above de minimis level.
2. the domestic industry has suffered material injury;
3. the injury has been caused by the dumped imports from the subject countries,
and has recommended to impose definitive anti-dumping duties 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-sections (1) and (5) of section 9A of the said Customs Tariff Act,
1975, and in pursuance of 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 as specified in the corresponding
entry in column (2), originating in the countries as specified in the corresponding entry in column (4) of the said Table, 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 which shall be equal to the difference between the amount indicated in column (9) of
the table below and landed value of imports, 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 (8) of the said Table.
Table
Sl. No.HeadingDescription
Country
of
origin
Country
of
export
ProducerExporterUnitAmountCurrency
1 2 3 4 5 6 7 8 9 10
1 4411
Plain
Medium
Density
Fibre Board
of thickness
6 mm and
above
ThailandThailand
Siam
Fibreboard
Company
Limited
Siam
Fibreboard
Company
Limited
Per
Cubic
Meter
308.72 USD
2As aboveAs aboveThailandThailand
Vanachai
Panel
Industries
Co.,Ltd
Vanachai
Panel
Industries
Co.,Ltd
Per
Cubic
Meter
340.33 USD
3As aboveAs aboveThailandThailand
Vanachai
Group
Public
Company
Limited
Vanachai
Group
Public
Company
Limited
Per
Cubic
Meter
355.9 USD
4As aboveAs aboveThailandThailand
Any other combination
other than Sl. No. 1 to
3
Per
Cubic
Meter
391.79 USD
5As aboveAs aboveThailand
Any
Country
other
than
Thailand
Any Any
Per
Cubic
Meter
391.79 USD
6As aboveAs above
Any
Country
other
than
Subject
Country
ThailandAny Any
Per
Cubic
Meter
391.79 USD
7As aboveAs above
Sri
Lanka
Sri
Lanka
Merbok
MDF
Lanka
(Pvt) Ltd
Merbok
MDF
Lanka
(Pvt) Ltd
Per
Cubic
Meter
Nil
** -Note below
USD
8As aboveAs above
Sri
Lanka
Sri
Lanka
Any other combination
other than Sl. No. 7
Per
Cubic
Meter
352.23 USD
9As aboveAs above
Sri
Lanka
Any
Country
other
than Sri
Lanka
Any Any
Per
Cubic
Meter
352.23 USD
10As aboveAs above
Any
Country
other
than
Subject
Country
Sri
Lanka
Any Any
Per
Cubic
Meter
352.23 USD
11As aboveAs aboveMalaysiaMalaysia
Dongwha
MDF
Dongwha
MDF
Per
Cubic
Meter
328.51 USD
12As aboveAs aboveMalaysiaMalaysia
Robin
Resources
(Malaysia)
Sdn Bhd
Robin
Resources
(Malaysia)
Sdn Bhd
Per
Cubic
Meter
Nil USD
13As aboveAs aboveMalaysiaMalaysia
Evergreen
Fibre
Berhad
(EFB)
Evergreen
Fibre
Berhad
(EFB)
Per
Cubic
Meter
334.42 USD
14As aboveAs aboveMalaysiaMalaysia
Any other combination
other than Sl. No. 11 to
13
Per
Cubic
Meter
347.99 USD
15As aboveAs aboveMalaysia
Any
Country
other
than
Malaysia
Any Any
Per
Cubic
Meter
347.99 USD
16As aboveAs above
Any
Country
other
than
Subject
Country
MalaysiaAny Any
Per
Cubic
Meter
347.99 USD
17As aboveAs aboveChinaChina Any Any
Per
Cubic
Meter
395.52 USD
18As aboveAs aboveChina
Any
Country
other
than
China
Any Any
Per
Cubic
Meter
395.52 USD
19As aboveAs above
Any
Country
other
than
Subject
Country
China Any Any
Per
Cubic
Meter
395.52 USD
** Note: Subject to Price Undertaking amount of US$ 290.73 Per Cubic Meter as minimum Landed
Value of imports (Against Serial No. 7 of the Duty Table).
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional
anti-dumping duty, and shall be payable 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: 354/39/2009- TRU]
Limatula Yaden
Deputy Secretary to the Government of India
