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OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
PUBLIC
NOTICE NO. 274 /2001
Government of India,
Ministry of Finance, Department of Revenue, New Delhi, Notification
No.28/2001-Cus. (N.T.) vide F.No.525/2/94-CUS (TU) Pt. dated 31.05.2001, is
reproduced below for the guidance of the importers, clearing agents and trading
public.
C16/53/2001-AP (PORT) (S.
SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. DY. COMMR. OF CUSTOMS (APPG)
DATE:05.11.2001
______________________________________________________________________
NOTIFICATION
NO.28/2001-CUS (N.T.)
F.NO.525/2/94-CUS (TU)
Pt. DATED 31.05.2001
G.S.R. 405 (E). - In
exercise of the powers conferred by sub-section (6) of Section 9A and
sub-section (2) of section 9B of the Customs Tariff Act, 1975 (51 of 1975), the
Central Government hereby makes the following rules further to amend the Custom
Tariff (Identification, Assessment and Collection of Anti-dumping Duty on
Dumped Articles and for Determination of Injury) Rules, 1995, namely: -
1. (i) These rules may be called the Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Amendment Rules, 2001.
(ii) They
shall come into force on the date of their publication in the Official Gazette.
2.
In Annexure I to the Customs Tariff (Identification,
Assessment and Collection of Anti-dumping Duty on Dumped Articles and for
Determination of Injury) Rules, 1995,-
(i) in
paragraph 7, after the words, “designated authority in a reasonable manner”, in
the following shall be inserted, namely:-
“keeping in view the
level of development of the country concerned and the product in question”;
(ii) after
paragraph 7, the following paragraph shall be inserted, namely:-
“8. The term “non market
economy country” subject to the Note to this paragraph means every country listed
in that note and includes any country which the designated authority determines
and which does not operate on market principles of cost or pricing structures,
so that sales of merchandise in such country do not reflect the fair value of
the merchandise. While making such determination, the designated authority
shall consider as to whether,-
(i)
the decisions of concerned firms in such country
regarding prices, costs and inputs, including raw materials, cost of technology
and labour, output, sales, and investment, are made in response to market
signals reflecting supply and demand and without significant State interference
in this regard, and whether costs of major inputs substantially reflect market
values;
(ii)
the production costs and financial situation of
such firms are subject to significant distortions carried over from the former
non-market economy system, in particular in relation to depreciation of assets,
other write-offs, barter trade and payment via compensation of debts;
(iii)
such firms are subject to bankruptcy and property
laws which guarantee legal certainty and stability for the operation of the
firms, and
(iv)
the exchange rate conversions are carried out at
the market rate:
Provided that in view of
the changing economic conditions in Russia and in the People’s Republic of
China, where it is shown on the basis of sufficient evidence in writing on the
factors specified in this paragraph that market conditions prevail for one or
more such firms are subject to anti-dumping investigations, the designated
authority may apply the principles set out in paragraph 1 to 6 instead of the
principles set out in this paragraph.
Note.- For the purpose of
this paragraph, the list of non-market economy countries is Albania, Armenia,
Azerbaijan, Belarus, Peopls’s Republic of China, Georgia, Kazakstan, North
Korea, Kyrghystan, Moldova, Mongolia, Russia, Tajikistan, Turkmenistan,
Ukraine, Uzbekistan and Vietnam. Any country among them seeking to establish
that it is a market economy country as per criteria enunciated in this
paragraph, may provide all necessary information which shall be taken due
account by the designated authority.
Note.- The principal
rules were published in the Gazette of India, Extraordinary vide G.S.R. 1 (E),
dated 1.1.95 and was last amended vide G.S.R. 521(E), dated 15.7.99.
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