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OFFICE OF THE
COMMISSIONER OF CUSTOMS, |
C16/87/2001-AP(PORT)
CUSTOM HOUSE, CHENNAI-1. (S.SANKARAVADIVELU)
DATED: 25.09.2001 DY. COMMR. OF CUSTOMS (APPG.)
_____________________________________________________________________
NOTIFICATION NO.67/2001-CUSTOMS
G.S.R.
(E).- Whereas in the matter of import of Ferro silicon
falling under sub-heading No.7202.21 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), originating in, or exported from, Russia, China
and Iran, the Designated Authority vide its preliminary, findings, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st
November,2000, had come to the conclusion that-
(i)
ferro-silicon, originating in, or exported from, Russia and
China has been exported to India below normal value, resulting in dumping;
(ii)
the domestic industry has suffered injury;
(iii)
injury has been caused by imports from the subject
countries;
and has considered it necessary to
impose anti-dumping duty, provisionally, pending final determination, on all
imports of Ferro Silicon, originating in, or exported from, Russia and China;
And whereas on the basis of the
aforesaid findings of the Designated Authority, the Central Government has
imposed an anti-dumping duty vide notification of the Government of India in
the Ministry of Finance (Department of Revenue), No.152/2000-Customs, dated the
26th December,2000, (G.S.R.932 (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 itss final findings, dated the 28th May,2001,
published in the Gazette of India, Extraordinary, Part I, Section I, dated the
28th May,2001, has come to the conclusion that-
(i)
Ferro silicon originating in or exported from Russia and
China has been exported to India below normal value, resulting in dumping;
(ii)
The domestic industry has suffered injury;
(iii)
Injury has been caused by imports from the subject
countries,
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 Article 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 Ferro Silicon falling under Chapter 72 of the First Schedule to the said Customs Tariff Act, originating in, or exported from countries specified in column (2) of the Table annexed hereto, when exported by exporters mentioned against the corresponding country in column (3) of the said Table, and imported into India, an anti-dumping duty at the rate which is equivalent to the difference between the corresponding amount mentioned in column (4) of the said Table and the landed value of such imported Ferro Silicon per metric tonne.
Table
|
S.No. |
Country |
Name of
the producer/exporter |
Amount(US$
per metric tonne) |
|
(1) |
(2) |
(3) |
(4) |
|
1. |
Russia |
All
exporters/producers |
764 |
|
2. |
People Republic of china |
All
exporters/producers |
764 |
2. The anti-dumping duty imposed
under this notification shall be levied with effect from the date of the
imposition of the provisional duty, i.e. the 26th December, 2000;
and shall be paid in India currency.
(a) “landed
value” means the assessable value as determind under the Customs Act, 1962 (52
of 1962) and includes all duties of Customs except duties levied under section
3,3A,8B, 9 and 9A of the said Customs Tariff Act.
(b) 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 ther powers conferred under sub-clause (I) of clause (a)
of sub-section (3) of section 14 of the
said Customs Act and 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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