INVESTIGATION PROGRESS

Date Status
16 Dec 2010 Definitive duty
08 Dec 2009 Preliminary duty
21 Apr 2009 Initiation

IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 08 Dec 2009 | Removal date: open ended
Still in force

Anti-dumping

On April 21, 2009, the Indian authorities initiated an anti-dumping investigation on imports of Synchronous Digital Hierarchy (SDH) transmission equipment from China and Israel.
The product subject to investigation is classified under the following HS codes: 8517.6200 and 8517.7000.
On September 7, 2009, the Indian authorities issued their preliminary findings and recommended the imposition of a provisional anti-dumping duty. This provisional duty was imposed on December 8, 2009 (Notification No. 132/2009-Customs, 08.12.2009). The rate of the duty imposed on imports originating in China ranges from 29% of the CIF value to 236% of the CIF value, depending on the producer and exporter. The rate of the duty imposed on imports originating in Israel is 37% of the CIF value, at the exemption of the company M/S ECI Telecom Ltd. whose exports are not subject to the payment of an anti-dumping duty.
On October 19, 2010, the Indian authorities issued their final findings and recommended the imposition of a definitive anti-dumping duty. This definitive duty was imposed on December 16, 2010 (Notification No. 125/2010-Customs, 16.12.2010). The rate of the duty imposed on imports originating in China ranges from 7% of the CIF value to 266% of the CIF value, depending on the producer and exporter. The rate of the duty imposed on imports originating in Israel is 70% of the CIF value, at the exemption of the company M/S ECI Telecom Ltd. whose exports are subject to a duty of 3% of the CIF value. This definitive duty is effective for a period of five years with effect from the date of imposition of the provisional anti-dumping duty, i.e. from December 8, 2009.
After some interested parties filed an appeal before CESTAT, challenging the duty decided on October 19, 2010 and imposed by Notification No. 125/2010-Customs dated December 16, 2010, the Indian authorities reconsidered the case. They issued the final findings of this second investigation on February 10, 2012, confirming the final findings of October 19, 2010.

On December 6, 2014, the Indian authorities initiated a sunset review of the above-mentioned anti-dumping duty imposed on imports of SDH transmission equipment from China and Israel. This follows the application lodged by M/s Tejas Networks Limited (representing the domestic industry).
 
On January 5, 2015, the Indian authorities issued the notification of provisional extension of the anti-dumping duty imposed by Notification No. 125/2010-Customs dated December 16, 2010 (Notification No. 01/2015-Customs (ADD), 05.01.2015). This duty remains into force upto and inclusive of December 7, 2015.
 
On 26 April 2016, following the conclusion the above-mentioned sunset review the Indian Ministry of Finance issued the Customs Notification extending the definitive anti-dumping duty (Notification No. 15/2016-Customs (ADD), 26.04.2016). The amount of the duty imposed on imports originating in or exported from China ranges between 37.73% and 86.59% of the CIF value of imports depending on the company in question. Additionally, some companies were exempted from this duty. The amount of the duty imposed on imports originating in or exported from Israel was 9.42% or 86.59% of the CIF value of imports. Additionally, some companies were exempted from this duty. This definitive duty is effective for a period of five years.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

472 Television & radio transmitters; cameras; telephone sets
8517 Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a lo
851762 Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus
474 Parts for the goods of classes 4721 to 4733 & 4822
8517 Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a lo
851770 Parts

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