CHAPTER 70

Glass and glassware

NOTES :

1. This Chapter does not cover :

(a) goods of heading 3207 (for example, vitrifiable enamels and glazes, glass frit, other glass in the form of powder, granules or flakes) ;

(b) articles of Chapter 71 (for example, imitation jewellery) ;

(c) optical fibre cables of heading 8544, electrical insulators (heading 8546) or fittings of insulating material of heading 8547 ;

(d) optical fibres, optically worked optical elements, hypodermic syringes, artificial eyes, thermometers, barometers, hydrometers or other articles of Chapter 90 ;

(e) lamps or lighting fittings, illuminated signs, illuminated name-plates and the like, having a permanently fixed light source, or parts thereof of heading 9405;

(f) toys, games, sports requisites, Christmas tree ornaments or other articles of Chapter 95 (excluding glass eyes without mechanisms for dolls or for other articles of Chapter 95); or

(g) buttons, fitted vacuum flasks, scent or similar sprays or other articles of Chapter 96.

2. For the purposes of headings 7003, 7004 and 7005 :

(a) glass is not regarded as “worked” by reason of any process it has undergone before annealing ;

(b) cutting to shape does not affect the classification of glass in sheets ;

(c) the expression “absorbent, reflecting or non-reflecting layer” means a microscopically thin coating of metal or of a chemical compound (for example, metal oxide) which absorbs, for example, infra-red light or improves the reflecting qualities of the glass while still allowing it to retain a degree of transparency or translucency; or which prevents light from being reflected on the surface of the glass.

3. The products referred to in heading 7006 remain classified in that heading whether or not they have the character of articles.

4. For the purposes of heading 7019, the expression “glass wool” means :

(a) mineral wools with a silica (SiO2) content not less than 60% by weight ;

(b) mineral wools with a silica (SiO2) content less than 60% but with an alkaline oxide (K2O or Na2O) content exceeding 5% by weight or a boric oxide (B2O3) content exceeding 2% by weight.

Mineral wools which do not comply with the above specifications fall in heading 6806.

5.Throughout this Schedule, the expression “glass” includes fused quartz and other fused silica.

SUB-HEADING NOTE :

For the purposes of tariff items 7013 22 00, 7013 33 00, 7013 41 00 [OLDsub-headings 7013 21, 7013 31] and 7013 91, the expression “lead crystal” means only glass having a minimum lead monoxide (PbO) content by weight of 24%.

(Sub-heading note has been amended vide Finance Bill 2006 w.e.f. from 01/01/2007)

ANTI-DUMPING DUTY NOTIFICATIONS

Anti-dumping duty on Float Glass of thickness 2mm to 12 mm (Tinted variety other than Green Glass) originating in or exported from Indonesia & China:

[Notfn. No. 165/03-Cus. dt. 12.11.2003]

WHEREAS, in the matter of import of Float Glass of thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including processed glass meant for decorative, industrial or automotive purposes (hereinafter referred to as the subject goods), falling under heading 7005 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the Peoples’ Republic of China and Indonesia (hereinafter referred to as the subject countries), and imported into India, the designated authority vide its preliminary findings, No. 14/19/2002-DGAD, dated the 20th November, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th November, 2002, had come to the conclusion that –

(a) the subject goods, had been exported to India from the subject countries below the normal value;

(b) the domestic industry had suffered material injury;

(c) the material injury had been caused by the dumped imports from the subject countries;

and the designated authority had recommended imposition of provisional anti-dumping duty, pending final determination, on all imports of the subject goods, originating in, or exported from, the subject countries;

AND WHEREAS, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 7/2003-Customs, dated the 7th January, 2003, published in Part II, Section 3, Sub-section ( i ) of the Gazette of India, Extraordinary, dated the 7th January, 2003[G.S.R. 14(E), dated the 7th January, 2003];

AND WHEREAS, the designated authority, vide its final findings No. 14/19/2002-DGAD, dated the 22nd August , 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22nd August, 2003, has come to the conclusion that-

(a) Float Glass of thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including reflective glass, processed glass meant for decorative, industrial or automotive purposes have been exported to India from the subject countries below their normal value;

(b) the domestic industry has suffered material injury;

(c) the material injury has been caused by the dumped imports of the subject goods from the subject countries,

and the designated auhtority has considered it necessary to impose final anti-dumping duty on all imports of Float Glass of thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including reflective glass, processed glass meant for decorative, industrial or automotive purposes, originating in, or exported from the subject countries so as to remove the injury to the domestic industry;

Now, THEREFORE, in exercise of the powers conferred by sub-section (1) 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 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 tariff item 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 at a rate which is equal to the amount as specified in the corresponding entry in column (9), 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.	Sub- Heading	Descri-ption of goods	Speci-fication	Country of Origin	Country of Export	Producer	Exporter	Amo-unt	Unit of Mea-sure-ment	Curr-ency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	70 05	Float Glass	Float Glass of thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including reflective glass, processed glass meant for decorative, industrial or automotive purposes	Any Country other than China	Indonesia	Any Producer	PT Mulia Glass	71.16	Metric Tonne	US$
2.	70 05	Float Glass	Float Glass of thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including reflective glass, processed glass meant for decorative, industrial or automotive purposes	Any Country other than China	Indonesia	Any Producer	PT Tensindo	77.76	Metric Tonne	US$
3.	70 05	Float Glass	Float Glass of thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including reflective glass, processed glass meant for decorative, industrial or automotive purposes	Any Country other than China	Indonesia	Any Producer	PT Adbi Rakyat	81.21	Metric Tonne	US$
4.	70 05	Float Glass	Float Glass of thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including reflective glass, processed glass meant for decorative, industrial or automotive purposes	Any Country other than China	Indonesia	Any Producer	All exporters except PT Mulia, PT Tensindo and PT Abdi Rakyat	81.21	Metric Tonne	US$
5.	70 05	Float Glass	Float Glass of thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including reflective glass, processed glass meant for decorative, industrial or automotive purposes	China	Indonesia	Any Producer	Any exporter	81.21	Metric Tonne	US$
6.	70 05	Float Glass	Float Glass of thickness 2mm to 12mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including reflective glass, processed glass meant for decorative, industrial or automotive purposes	Any Country	China	Any Producer	Any exporter	72.27	Metric Tonne	US$

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty , i.e. the 7th January 2003, and shall be paid in Indian currency.

Explanation - For the purpose of this notification, rate of exchange applicable for the purposes of calculation of the anti-dumping duty under this notification shall be the exchange rate 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 powers conferred under sub-clause ( i ) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 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 .

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