Anti-dumping duty on Plastic ophthalmic lenses, originating in, or exported from China PR and Taiwan - 139/2003 - Customs -Tariff

Anti-dumping duty on Plastic ophthalmic lenses, originating in, or exported from China PR and Taiwan 5th September, 2003 Notification No. 139 / 2003 - Customs WHEREAS in the matter of import into India of plastic ophthalmic lenses falling under tariff item 9001 50 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as "the subject goods"), originating in, or exported from, China PR and Taiwan (hereinafter referred to as "the subject countries"), the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th August, 2003, has come to the conclusion that - (a) Plastic ophthalmic lenses in all forms originating in or exported from China PR and Taiwan have been exported to India below its normal value; (b) The domestic industry has also suffered material injury by way of financial losses due to depressed net sales realization on account of price depression and suppression caused by low landed prices of the subject goods; (c) The injury has been caused to the domestic industry both by volume and price effects of dumping of the subject goods on account of dumped imports of the subject goods originating in or exported from China PR and Taiwan; and has considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods, originating in or exported, from China PR and Taiwan; 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 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 headings 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 (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5), and exported from the countries as specified in the corresponding entry in column (6) and produced by the producers as specified in the corresponding entry in column (7) and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty equal to the difference between the amount mentioned in the corresponding entry given in column (9) and the landed value of the goods 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 S. No. Heading Description of goods Specification Country of origin Country of Export Producer Exporter Amount Unit of measurement Currency (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 1. 90015000 Plastic ophthalmic lenses made out of CR 39 or equivalent Nil People's Republic of China Any country other than Taiwan Y S (Tianjin)Industries Any exporter 1230.46 Thousand Pairs US$ Wenzhou East, Wenzhou Group Wenzhou Mingda Any exporter 1078.79 Thousand Pairs US$ 2. 90015000 Plastic ophthalmic lenses made out of CR 39 or equivalent Nil Any country People's Republic of China Y S (Tianjin) Industries Any exporter 1230.46 Thousand Pairs US$ Wenzhou East, Wenzhou Group Wenzhou Mingda Any exporter 1078.79 Thousand Pairs US$ 3. 90015000 Plastic ophthalmic lenses made out of CR 39 or equivalent Nil Any country Taiwan Any Producer Any exporter 1070.24 Thousand Pairs US$ 4. 90015000 Plastic ophthalmic lenses made out of CR 39 or equivalent Nil Taiwan Any country other than PR China Any Producer Any exporter 1070.24 Thousand Pairs US$ The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the day of the 4th March, 2004 and shall be payable in Indian currency. Explanation . - For the purposes of this notification, - "landed value" shall be the (a) assessable value as determined under the Customs Act, 1962 and includes all duties of customs except duties under sections 3, 3A, 8B, 9 and 9A of the Customs Tariff Act, 1975; "rate of exchange" applicable for the purposes of (b) calculation of the anti-dumping duty under this notification shall be the exchange rate specified in the notification issued from time to time in exercise of powers conferred under sub-section (3) of section 14 of the Customs Act, 1962, and the relevant date for 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. [Notification No. 139/2003-Cus., dated 5-9-2003 ]