[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. 50/2009-Customs
New Delhi, the 15
th
May, 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 Malaysia, Thailand, China PR and Korea RP (hereinafter referred to as the subject countries),
the designated authority, in its preliminary findings vide notification No. 14/8/2007-DGAD, dated the 7
th
May, 2008, published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th May, 2008, 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. 90/2008 - Customs, dated the 24
th
July, 2008,
published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 556(E), dated the 24
th
July, 2008;
And whereas, the designated authority, in its final findings vide notification No. 14/8/2007-DGAD, dated the 17
th
February,
2009, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 17
th
February, 2009, has come to the
conclusion that -
(a) Imports originating in the subject country are taking place at dumped prices and the same have caused material injury to
the domestic industry;
(b) 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;
(c) 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;
(d) 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 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), the specification of which is specified in column (8), 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 which shall be 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
SI No
Sub-
Heading
Description
of Goods
Country of
origin
Country of
export
Producer Exporter
Specification
In inches
AmountUnitCurrency
(1)(2) (3) (4) (5) (6) (7) (8) (9)(10)(11)
18540 11
Television
Picture Tubes
(Detailed
description
given below)
MalaysiaMalaysia
Chunghwa Picture
Tubes (M) Sdn.
Bhd
Chunghwa Picture
Tubes (M) Sdn.
Bhd
14" 21.77
per
piece
USD
15"30.56
20"33.28
21"40.42
29"81.68
Any
Other
size
87.19
28540 11 -do-MalaysiaMalaysia
Samsung SDI
(Malaysia) Berhad
Samsung SDI
(Malaysia) Berhad
14" 20.88
per
piece
USD
15"31.06
20"34.68
21"38.68
Any
Other
size
87.19
38540 11 -do-MalaysiaMalaysia
Other than
combination in
Serial No. 1 & 2
14" 25.81
per
piece
USD
15"36.44
20"40.00
21"42.92
29"87.19
Any
Other
size
87.19
48540 11-do- Malaysia
Any
country
other than
Malaysia
Any Any 14"25.81
per
piece
USD
15"36.44
20"40.00
21"42.92
29"87.19
Any
Other
size
87.19
58540 11-do-
Any
country
other than
subject
countries
Malaysia Any Any 14"25.81
per
piece
USD
15"36.44
20"40.00
21"42.92
29"87.19
Any
Other
size
87.19
68540 11-do-
Republic
of Korea
Republic
of Korea
LG Philips Displays
Korea Co. Ltd.
(LPD)
LG Philips
Displays Korea
Co. Ltd (LPD)
14"31.75
Per
piece
USD
15"32.32
21"40.66
29"86.11
Any
Other
size
97.53
78540 11-do-
Republic
of Korea
Republic
of Korea
Other than
combination in
Serial No. 6.
14" 31.75
per
piece
USD
15"43.60
21"50.95
29"97.53
Any
Other
size
97.53
88540 11 -do-
Republic
of Korea
Any
country
other than
Republic
of Korea
Any Any 14"31.75
per
piece
USD
15"43.60
21"50.95
29"97.53
Any
Other
size
97.53
98540 11-do-
Any
country
other than
subject
countries
Republic
of Korea
Any Any 14"31.75
per
piece
USD
15"43.60
21"50.95
29"97.53
Any
Other
size
97.53
108540 11-do- ChinaChina
Irico Display
Devices Co. Ltd.
Irico Display
Devices Co. Ltd.
14"21.72
per
piece
USD
15"34.31
21"46.03
Any
Other
size
96.51
118540 11-do- ChinaChina
Shenzhen
Samsung SDI Co.
Ltd.
Samsung SDI
(Hong Kong).
Limited
21"43.55
per
piece
USD
29"96.51
Any
Other
size
96.51
128540 11 -do- ChinaChina
Thompson
Guangdong Display
Company Limited
(TGDC
Guangdong Display
Company Limited)
Thompson
Guangdong
Display Company
Limited (TGDC
Guangdong
Display Company
Limited)
21"45.26
per
piece
USD
29"73.55
Any
Other
size
96.51
138540 11-do- ChinaChina
Beijing Matsushita
Color CRT Co. Ltd.
Beijing Matsushita
Color CRT Co. Ltd.
14"21.46
per
piece
USD
15"29.32
Any
Other
size
96.51
148540 11-do- ChinaSingapore
Beijing Matsushita
Color CRT Co. Ltd.
Panasonic
Industrial Asia Pte
Ltd. Singapore
14" 21.36
per
piece
USD
Any
Other
size
96.51
158540 11-do- ChinaChina
Other than
combination in
Serial No. 10 to 14
14" 28.88
per
piece
USD
15"42.81
21"47.89
29"96.51
Any
Other
size
96.51
168540 11-do- China
Any
Country
Other than
China
Any Any 14"28.88
per
piece
USD
15"42.81
21"47.89
29"96.51
Any
Other
size
96.51
178540 11-do-
Any
country
other than
subject
countries
China Any Any 14"28.88
per
piece
USD
15"42.81
21"47.89
29"96.51
Any
Other
size
96.51
188540 11-do- ThailandThailand Any Any 14"28.73
per
piece
USD
15"34.28
20"40.59
21"44.58
29"81.08
Any
Other
size
81.08
198540 11 -do- Thailand
Any
country
Other than
Thailand
Any Any 14"28.73
per
piece
USD
15"34.28
20"40.59
21"44.58
29"81.08
Any
Other
size
81.08
208540 11-do-
Any
country
other than
subject
countries
ThailandAny Any 14"28.73
per
piece
USD
15"34.28
20"40.59
21"44.58
29"81.08
Any
Other
size
81.08
Explanation . - For the purposes of this notification, -
(a) "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) if imports of bare tubes are reported, the benchmark, that is, the amount specified in column (9) of the Table, would be
reduced by an amount as specified, namely, (i) US$ 2.75 for 14", (ii) US $ 3.33 for 15" (iii) US $ 4.13 for 20" (iv) US $ 3.84 for
21".
(c) "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.
(d) 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.
(e) 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, 24
th
July, 2008, and shall be payable in Indian currency.
[F. No: 354/87/2008- TRU]
(Unmesh Wagh)
Under Secretary to the Government of India
