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OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
PUBLIC
NOTICE NO. 301 /2001
Government of India, Ministry of
Finance, Department of Revenue, New Delhi, Notification No.93/2001-Cus vide F.No.354/151/2001-TRU
dated 12.09.2001, is reproduced below for the guidance of the importers,
clearing agents and trading public.
Sd/-
C16/98/2001-AP (PORT)
(S. SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. Dy. COMMISSIONER OF CUSTOMS
(APPG)
DATE: 12.11.2001
Notification No. 93 /2001-Customs
G.S.R. 656(E) 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, Nepal, the designated authority vide its preliminary
findings, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 7th August, 2001 has come to the conclusion that –
(a) Zinc
Oxide, in all forms, originating in, or exported from, Nepal, 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 zinc oxide , in all forms, from Nepal leading to financial losses;
(c) the injury
has been caused to the domestic industry by dumping of zinc oxide , in all
forms, originating in, or exported from Nepal;
Now, therefore, in exercise of the powers conferred
by sub-section (2) of section 9A of the said Customs Tariff Act, read with
rules 13 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
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, Nepal, by exporters/producers specified in column (2) of the
Table given below, and imported into India, an anti-dumping duty at the rate
specified in the corresponding entry in column (3) of the said Table.
Table
|
S.No. |
Name of the exporter/producer |
Amount of duty (US $ per metric
tonne) |
|
(1) |
(2) |
(3) |
|
1 |
M/s
Pashupati Oxide Udyog, Sonapur |
175.74 |
|
2 |
M/s
Asian Metals, Birat Nagar |
167.95 |
|
3 |
M/s
Pashupati Metal Industries, Birat Nagar |
296 |
|
4 |
M/s
Swastik Metal Industries, Birat Nagar |
43.57 |
|
5 |
M/s
Unnat Industries (P) Ltd. |
Nil |
|
6 |
M/s
Shree Pashupati Rasayanik Udyog (P) Ltd. |
Nil |
|
7 |
Other
exporters/producers |
296 |
2. The anti-dumping duty imposed under this
notification shall be effective upto and inclusive of the 11th day
of March, 2002, 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.
Illustration.- The rate of provisional
anti-dumping duty on Zinc Oxide of 49.75% purity, exported by M/s Pashupati
Oxide Udyog, Sonapur shall be calculated as 50% of US $ 175.74 per metric
tonne, i.e. US$ 87.87 per metric tonne.
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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