[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. 58/2009-Customs
New Delhi, the 5
th
June, 2009
G.S.R. (E).- Whereas, in the matter of import of Compact Discs-Recordable (CD-Rs, hereinafter referred to as the subject
goods), falling under sub-heading 8523 40 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in, or
exported from Iran, Malaysia, Korea ROK, Thailand, United Arab Emirates and Vietnam (hereinafter referred to as the subject
countries), the designated authority, in its preliminary findings vide notification No. 14/9/2007-DGAD dated the 13
th
December, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17
th
December, 2007, had
come to the conclusion that-
a) the subject goods had been exported to India from the subject countries below its normal value;
b) the domestic industry had suffered material injury;
c) the injury had been caused by the dumped imports from the subject countries.
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. 34/2008 - Customs, dated the 13
th
March, 2008,
published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 179(E), dated the 13
th
March, 2008;
And whereas, the designated authority, in its final findings vide notification No. 14/9/2007-DGAD, dated the 6
th
March, 2009,
published in the Gazette of India, Extraordinary, Part I, Section I, dated the 9
th
March, 2009, has come to the conclusion that -
a) the subject goods have been exported to India from the subject countries below its normal value;
b) the domestic industry has suffered material injury;
c) the injury has been caused by the dumped imports from 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,
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 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), 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 amount specified in the corresponding entry in column (8), 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 (9) of the said Table.
Table
SI.
No
Sub-
heading
Description of
goods
Country of
origin
Country of
export
Producer ExporterAmount
Unit of
measurement
Currency
(1)(2) (3) (4) (5) (6) (7) (8) (9) (10)
1
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
ThailandThailand
M/s Panstar
Electronics Co. Ltd.
M/s
Panstar
Electronics
Co. Ltd.
17.52
Per 1000
pieces
US$
2
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
ThailandThailand
Any
combination of
producer and exporter
other than at S. No. 1
17.52
Per
1000
pieces
US$
3
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
Thailand
Any country
other than
Thailand
Any Any 17.52
Per 1000
pieces
US$
4
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
Any country
other than
subject
countries
Thailand Any Any 17.52
Per 1000
pieces
US$
5
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
Vietnam Vietnam
M/s Ritek Vietnam
Co- Ltd.
M/s
Ritek
Vietnam
Co. Ltd.
46.94
Per 1000
pieces
US$
6
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
Vietnam Vietnam
Any combination of
producer and exporter
other than at S. No.5
46.94
Per
1000
pieces
US$
7
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
Vietnam
Any country
other than
Vietnam
Any Any 46.94
Per 1000
pieces
US$
8
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
Any country
other than
subject
countries
Vietnam Any Any 46.94
Per 1000
pieces
US$
9
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
Korea ROKKorea ROKAny Any 53.38
Per 1000
pieces
US$
10
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
Korea ROK
Any country
other than
Korea ROK
Any Any 53.38
Per 1000
pieces
US$
11
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
Any country,
other than
subject
countries
Korea ROKAny Any 53.38
Per 1000
pieces
US$
12
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
Iran Iran Any Any 51.92
Per 1000
pieces
US$
13
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
Iran
Any country
other than
Iran
Any Any 51.92
Per 1000
pieces
US$
14
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
Any country
other than
subject
countries
Iran Any Any 51.92.
Per 1000
pieces
US$
15
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
MalaysiaMalaysia Any Any 45.11
Per 1000
pieces
US$
16
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
Malaysia
Any country
other than
Malaysia
Any Any 45.11
Per 1000
pieces
US$
17
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
Any country
other than
subject
countries
Malaysia Any Any 45.11
Per 1000
pieces
US$
18
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
United Arab
Emirates
United Arab
Emirates
Any Any 63.84
Per 1000
pieces
US$
19
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
United Arab
Emirates
Any country
other than
United Arab
Emirates
Any Any 63.84
Per 1000
pieces
US$
20
8523
40
Compact Disc
Recordable (CD-R)
Write once read
many times
Any country
other than
subject
countries
United Arab
Emirates
Any Any 63.84
Per 1000
pieces
USS
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, that is, 13
th
March, 2008, 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: 354/187/2007- TRU
(Unmesh Wagh)
Under Secretary to the Government of India
