Anti-dumping duty on Plastic ophthalmic lenses, originating in, or exported from, China PR and Taiwan — Amendment to Notification No. 139/2003-Cus. - 163/2003 - Customs -Tariff

Anti-dumping duty on Plastic ophthalmic lenses, originating in, or exported from, China PR and Taiwan — Amendment to Notification No. 139/2003-Cus. 7th November, 2003 Notification No. 163/2003 - Customs WHEREAS in the matter of import into India of plastic ophthalmic lenses felling 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, had come to the conclusion that - (a) Plastic ophthalmic lenses in all forms originating in or exported from China PR and Taiwan had been exported to India below its normal value; (b) The domestic industry had 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 had been caused to the domestic industry both by volume and price effects of dumping of the subject goods on account of dumped imports of die subject goods originating in or exported from China PR and Taiwan; and had 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; AND WHEREAS, on the basis of aforesaid preliminary findings of the designated authority, the Central Government had imposed provisional anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 139/2003-Customs, dated the 5th September, 2003 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 5th September, 2003 [G.S.R. 712(E), dated the 5th September, 2003]; AND WHEREAS the designated authority has issued a corrigendum dated the 17th September, 2003 stating that the table annexed to the said preliminary findings notified vide No. 14/16/2002-DGAD, dated the 8th September, 2003 stands amended and revised; 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 corrigendum issued by the designated authority hereby makes the following amendments in the notification No. 139/2003-Customs, dated the 5th September, 2003, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide No. 712(E), dated 5th September, 2003, namely :- In the said notification, for the Table and the entries relating thereto, the following shall be submitted, namely :- "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 (Tianjim) 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 (Tianjim) 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 People's Republic of China Any country other than Taiwan Any Producer other than the producers named above Any exporter 1078.79 Thousand Pairs US$ 4. 90015000 Plastic ophthalmic lenses made out of CR 39 or equivalent Nil Any country Taiwan Any Producer Any exporter 1070.24 Thousand Pairs US$ 5. 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$" [Notification No. 163/2003-Cus., dated 7-11-2003]