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        Customs, DGFT & SEZ

        Anti-Dumping Duty on Import of Solar PV Modules

        April 29, 2013

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        The Ministry examines the effects of dumped goods on the domestic industry, and not cheap goods. Dumping takes place if the export price of a product is less than the normal value prevailing in the exporter’s country. In order to offset the adverse effects of dumped imports, Domestic Industry can avail the trade defence measures provided under The Customs Tariff Act, 1975, The Customs Tariff (Identification, Assessment & Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995. For subsidized imports the existing law is The Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995. Surge in imports is covered by The Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997.Further, the Government has already notified the Safeguard Measures (Quantitative Restrictions) Rules, 2012 in May 2012 to operationalise the provisions of quantitative restrictions provided under The Foreign Trade (Development and Regulation) Act, 1992.

        Based on the duly substantiated application received from the Solar Manufacturers Association, Directorate General of Antidumping and Allied Duties (DGAD) has initiated an investigation on imports of Solar Cells whether or not assembled partially or fully in Modules or Panels or on glass or some other suitable substrates, originating in or exported from Malaysia, China PR, Chinese Taipei and United States of America in November 2012 to determine the existence, degree and effect of any alleged dumping and to recommend the amount of anti-dumping duty, which if levied, would be adequate to remove the injury to the domestic industry. Based on the recommendations of DGAD, Government have imposed antidumping duty on the import of Flax Fabrics from China PR and Hong Kong in March 2009.

        Representations/requests have been received from interested parties for not imposing antidumping duty on the imports of Solar Cells, whether or not assembled partially or fully in Modules or Panels or on glass or some other suitable substrates. The Solar Independent Power Producers Association (SIPPA) in their representation of January, 2013, have also inter alia raised the issue of restricting the import of Solar Equipments by imposition of Anti-dumping duty. During the course of the antidumping investigation, DGAD will consider these representations in terms of the Antidumping Rules, and bring out its reasoned findings.

        This information was given by the Minister of State in the Ministry of Commerce and Industry, Dr. D. Purandeswari, in a written reply in the Lok Sabha today.

        DS/RK

        (Release ID :95211)

        Anti-dumping duty measures on solar PV imports may be imposed following investigation into dumped pricing and injury to industry. Pursuant to an application by the Solar Manufacturers Association, the Directorate General of Anti-dumping and Allied Duties initiated an investigation into imports of solar cells and modules from Malaysia, China PR, Chinese Taipei and the United States to determine existence and degree of dumping, assess injury to the domestic industry, and recommend anti-dumping duties; opposing representations will be considered by DGAD under the Antidumping Rules.
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Anti-dumping duty measures on solar PV imports may be imposed following investigation into dumped pricing and injury to industry.

                            Pursuant to an application by the Solar Manufacturers Association, the Directorate General of Anti-dumping and Allied Duties initiated an investigation into imports of solar cells and modules from Malaysia, China PR, Chinese Taipei and the United States to determine existence and degree of dumping, assess injury to the domestic industry, and recommend anti-dumping duties; opposing representations will be considered by DGAD under the Antidumping Rules.





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                            ActsIncome Tax
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