CBIC Notifies Levy of Anti-Dumping Duty on ‘Semi-finished Ophthalmic Lenses’ Imported from China [Read Notification]

The Central Board of Indirect Taxes and Customs ( CBIC ) has notified the levy of anti-dumping duty on “Semi-finished Ophthalmic Lenses” imported from China.

A notification issued on Wednesday stated that “whereas in the matter of ‘semi-finished Ophthalmic Lenses’ (hereinafter referred to as the subject goods) falling under chapter heading 9001 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in, or exported from China PR (hereinafter referred to as the subject country), and imported into India, the designated authority in its final findings, vide notification No. 6/6/2021-DGTR, dated the 29th September, 2022, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th September, 2022, has come to the conclusion that— (i) the subject goods have been exported to India from the subject country below normal values;(ii) the domestic industry has suffered material injury on account of subject imports from subject country; (iii) the material injury has been caused by the dumped imports of subject goods from the subject country, and has recommended imposition of an anti-dumping duty on the imports of subject goods, originating in, or exported from the subject country and imported into India, in order to remove injury to the domestic industry.”

The notification further stated that the product under consideration is semi-finished ophthalmic lenses made up of plastic. Semi-finished ophthalmic lenses are semi-finished blanks which have the front surface of the lens made of ophthalmic quality and the back surface unfinished. Semi-finished blanks are surfaced to the desired prescription powers to produce finished lenses. Semi-finished ophthalmic lenses come in many forms, single vision, bifocal, and multifocal (progressive) types with different refractive indexes, segment styles and sizes.

However, the following types of products are excluded from the scope of product under consideration, namely :-

(i) Semi-finished ophthalmic lenses having refractive index higher than 1.60.

(ii) Polarized lenses – Polarized lenses have a special chemical molecule which are lined up specifically to block irrelevant light from passing through the lens. Only light rays that approach your eyes vertically can fit through those openings. The lenses block all the horizontal light waves bouncing off from any surface. As a result of this filtering, the image you see is a bit darker than usual. Objects look crisper and clearer with polarized lenses, and details are easier to see.

(iii) Polycarbonate lenses – Polycarbonate is a specific type of plastic which is very strong and is used for many purposes such as eyeglass lenses, car headlights, and other industrial applications. Polycarbonate is over 200 times stronger than glass and is often thinner than other types of lenses. Since lighter and thinner eyeglasses are less likely to slip off your nose and are more comfortable for everyday wear, polycarbonate lenses are widely used as eyeglass lens.

(iv) Transition lenses – Transition lenses or photochromic lenses darken in the sunlight and lighten in softer light or the dark. These are ideal for sunglasses without having to wear them over your prescription glasses or having to constantly switch between the two. These can also cut down on the harmful glare of electronic devices making it an excellent lens material.

(v) High and special purpose lenses – Special purpose lenses are wide-angle photographic lenses with different focal lengths or features that change the size of subject matters and are typically used in cameras. They are intended to produce special effects such as including more subject matter – wide angle, making larger images of distant subjects – telephoto, optionally varying image size – zoom and making large images of small objects – macro enlarging.

“The anti-dumping duty imposed under the notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette, and shall be payable in Indian currency,” the CBIC Notification said.

For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Act.

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