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OFFICE OF THE
COMMISSIONER OF CUSTOMS, |
Government of India, Ministry of
Finance, Department of Revenue, New Delhi, Notification No. 70/2001 – Cus vide
F.No.354/202/2001-TRU (Pt-II), dated 26.06.2001, is reproduced below for the
guidance of the importers, clearing agents and trading public.
C16/86/2000-AP (PORT) (S.
SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. DY. COMMR. OF CUSTOMS (APPG)
DATE :25.09.2001
Notification
No. 70/2001-Customs
WHEREAS in the matter of import of Strontium Carbonate, falling under
sub-heading No. 2836.92 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975), originating in, or exported from, the People’s Republic of China,
the designated authority vide its preliminary findings, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 15th November,
2000, had come to the conclusion that –
(a)
Strontium Carbonate, in all forms, originating in, or exported from, the
People’s Republic of China, has been exported to India below its normal value;
(b) the
domestic industry has suffered material injury by way of decline in its market
share and financial losses due to depressed net sales realization on account of
price depression caused by low landed prices of the dumped subject goods;
(c) the
injury has been caused to the domestic industry by dumping of subject goods
originating in, or exported from, the subject country;
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 Ministry of Finance (Department of Revenue), No.
154/2000–Customs, dated the 26th December, 2000, [G.S.R. 934(E),
dated the 26th December, 2000] published in Part II, Section 3,
Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th
December, 2000;
AND WHEREAS the designated
authority vide its final findings published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 15th June, 2001 has come
to the conclusion that -
a.
Strontium Carbonate, in all forms, originating in, or
exported from, the People’s Republic of China has been exported to India below
its normal value;
b.
The domestic industry has suffered material injury by way of
decline in its market share and financial losses due to depressed net sales
realization on account of price depression caused by low landed prices of the
dumped subject goods;
c.
The injury has been caused by dumping of subject goods
originating in or exported from the People’s Republic of China.
Now,
therefore, in exercise of the powers conferred by sub-section (1), read with
sub-section (5) of section 9A of the said Customs Tariff Act, and 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 final findings of
the designated authority, hereby imposes on said Strontium carbonate, falling
under sub-heading No. 2836.92 of the First Schedule to the said Customs Tariff
Act, originating in, or exported from, the People’s Republic of China, and
imported into India, an anti-dumping duty at the rate of US $ 213.37 per metric
tonne.
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 26th December, 2000; and
shall be paid in Indian currency.
Explanation - 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 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, (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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