 |
OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
PUBLIC
NOTICE NO. 285 /2001
Government
of India, Ministry of Finance, Department of Revenue, New Delhi, Notification
No.78/2001-CUS vide F. No.336/4/2001-TRU dated 17.07.2001, is
reproduced below for the guidance of the importers, clearing agents and trading
public.
Sd/-
C16/6/2000-AP (PORT)
(S. SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. Dy. COMMISSIONER OF CUSTOMS
(APPG)
DATE: 07.11.2001
Notification No. 78/2001-
Customs
WHEREAS in the matter of import of
seamless tubes or seamless pipes falling under heading or sub-heading Nos.
73.04, 7304.10, 7304.29 and 7304.39 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975), originating in, or exported from, Austria, Czech
Republic, Russia, Romania and Ukraine, the designated authority vide its final
findings, dated the 19th May, 2000, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 19th May, 2000,
had come to the conclusion that -
(a)
Seamless tubes originating in, or exported from, the subject countries have
been exported to India below normal value, resulting in dumping;
(b) the domestic industry has
suffered injury;
(c) injury has been caused by
imports 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 Ministry of Finance
(Department of Revenue), No. 91/2000-Customs, dated the 21st June,
2000 [G.S.R. 546 (E), dated the 21st June, 2000], published in Part
II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated
the 21st June, 2000;
AND WHEREAS the Customs, Excise and Gold (Control)
Appellate Tribunal (hereinafter referred to as CEGAT), in its Final Order No.
2-3/2001-AD dated the 13th March, 2001 in Appeal No. C/331/2000-AD
& C/364/2000-AD in the matter of M/s Volzhsky Pipe Plant, and
Association of Seamless Tubes Manufacturers vs Designated Authority, has
ordered modification of the anti-dumping duties imposed vide said notification
No. 91/2000-Customs, dated the 21st June, 2000;
AND WHEREAS the designated authority has accepted the
above order of the CEGAT dated the 13th March, 2001;
Now, therefore, in exercise of the powers conferred
by sub-section (1) and sub-section (8) of section 9A of the said Customs Tariff
Act, read with rules 18 and 20 of Customs Tariff (Identification, Assessment
and Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995 and in supersession of the notification of the Government
of India in the Ministry of Finance (Department of Revenue), No.
91/2000-Customs, dated the 21st June, 2000 [G.S.R. 546 (E), dated
the 21st June, 2000], the Central Government hereby imposes on all
imports of the categories and grades mentioned in columns (4) and (5)
respectively of the Table annexed hereto, of dumped hot-finished line pipes and
boiler pipes of iron ( other than cast iron) or non-alloy steel and casing and
tubing of alloy and non-alloy steel falling under sub-heading Nos. 7304.10,
7304.29 and 7304.39 of the First Schedule to the said Customs Tariff Act of
dimensions (OD) ranging from (i) 21.30 mm to 273 mm or 10 inches NB for line
and boiler pipes, (ii) 38.1 mm to 244.5 mm or 9 5/8 inches for casing and
tubing, originating in, or exported from, the countries mentioned in column (2)
of the said Table, when exported by the exporters mentioned in column (3) of
the said Table, at a rate which is equivalent to the difference between the
amount mentioned in the corresponding entry in column (6) of the said Table and
the landed value of imports.
Table
|
S.No |
Country |
Exporter |
Category of Seamless Pipe |
Grade |
Amount in US$ per metric tonne |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
1. |
Russia |
1. Volzhsky Pipe Plant |
Casing pipe |
N-80 L-80 P-110 |
757 |
|
|
|
2. Volzhsky Pipe Plant, the manufacturer, and M/s
Mitsui & Co. Ltd., Tokyo, the exporter |
Casing pipe |
L-80 |
757 |
|
|
|
3. All other exporters of all categories of
seamless pipes/tubes as described in the above paragraph |
All types of Seamless pipes as described in the
above paragraph |
|
1001 |
|
2. |
Romania |
1.
Petrotub S. A. |
Line Pipe and Casing Pipe |
|
Nil |
|
All other pipes |
|
1001 |
|||
|
2.
Silcotub S. A. |
Boiler
Pipe |
|
945 |
||
|
Line
Pipe |
|
Nil |
|||
|
All
other pipes |
|
1001 |
|||
|
3. All other exporters of all categories of
seamless pipes/tubes as described in the above paragraph |
All types of seamless pipes as described in the
above paragraph |
|
1001 |
||
|
3. |
Austria |
All exporters of all categories of seamless
pipes/tubes as described in the above paragraph |
All types of seamless pipes as described in the
above paragraph |
|
1001 |
|
4. |
Czech
Republic |
All exporters of all categories of seamless
pipes/tubes as described in the above paragraph |
All types of seamless pipes as described in the
above paragraph |
|
1001 |
2.
The anti-dumping duty shall be paid in Indian currency.
Explanation.- For the
purposes of this notification,-
(i) landed value of imports for the purpose shall be
the assessable value as determined under the Customs Act, 1962 (52 of 1962) and
all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A
of the said Customs Tariff Act;
(ii) the 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 said
Customs Act, 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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