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OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
Government of India, Ministry of
Finance, Department of Revenue, New Delhi, Notification No. 40/2001 Cus vide
F.No.354/30/2001-TRU dated 09.04.2001, is reproduced below for the guidance of
the importers, clearing agents and trading public.
C16/26/2001-AP (PORT) (S.
SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. DY. COMMR. OF CUSTOMS (APPG)
DATE :31.08.2001
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NotificationNo.40/2001-Customs
WHEREAS in the matter of import of
Zinc Oxide, falling under heading No. 28.17 or sub-heading No. 3812.30 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from the Peoples Republic of China, the designated authority vide
its preliminary findings, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 7th March, 2001 has come to the
conclusion that -
(a) Zinc
Oxide, in all forms, originating in, or exported from, the Peoples Republic of
China, has been exported to India below its normal value;
(b) the
domestic industry has suffered material injury by way of depressed net sales
realization on account of price suppression caused by low landed prices of
dumped subject goods from the Peoples Republic of China leading to financial
losses;
(c) the injury
has been caused to the domestic industry by dumping of subject goods,
originating in, or exported from the Peoples Republic of China;
Now,
therefore, in exercise of powers conferred by sub-section (2) of section 9A of
the said Customs Tariff Act, read with rule 13 and rule 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 Zinc Oxide of all grades of 99.5% purity, falling under
heading No.28.17 or sub-heading No. 3812.30 of the First Schedule to the said
Customs Tariff Act, originating in, or exported from, the Peoples Republic of
China, and when imported into India, an anti-dumping duty at the rate of US
dollars 578.75 per metric tonne.
2. The
anti-dumping duty imposed under this notification shall be effective upto and
inclusive of the 8th day of October, 2001, and shall be payable in
Indian currency.
3. The
rate of anti-dumping duty for Zinc Oxide of all grades of purity other than
99.5% shall be worked out on pro rata basis.
Explanation. - For
the purposes of this notification, "rate of exchange" applicable for
the purposes of calculation of anti-dumping duty shall be the rate which is
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 the
powers 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 the 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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