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OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
PUBLIC NOTICE NO. 393 /2001
Government
of India, Ministry of Finance, Department of Revenue, New Delhi, Notification
No.123/2001-Cus vide F. No.
356/63/2001-TRU, dated 12.12.2001, is reproduced below for the guidance
of the Importers, Clearing Agents and Trading Public.
C16/77/99-AP(PORT)
CUSTOM HOUSE, CHENNAI-1. (S.SANKARAVADIVELU)
DATED: 28.12.2001 DY.
COMMR. OF CUSTOMS (APPG.)
Notification
No. 123 /2001-Customs
WHEREAS in the matter of import of Hard Ferrite Ring Magnets, falling under
Chapter 85 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in, or exported from, China P.R., the Designated Authority vide its
preliminary findings, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 1st April, 1999 had come to the conclusion that -
|
(a) |
Hard Ferrite Ring Magnets originating in, or exported
from, China P.R. has been exported to India below normal value, resulting in
dumping; |
|
(b) |
the Indian industry has suffered
material injury; |
|
(c) |
the injury has been caused
cumulatively by the imports 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.
54/99-Customs, dated the 4th May, 1999 [G.S.R. 307 (E), dated the 4th May,
1999], published in Part II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary, dated the 4th May 1999;
AND
WHEREAS the Designated Authority vide its final findings, dated the 12th July,
1999, published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 12th July, 1999, had come to the conclusion that -
|
(a) |
Hard Ferrite Ring Magnets originating in, or exported
from, China P.R. has been exported to India below normal value; |
|
(b) |
the domestic industry has
suffered material injury; |
|
(c) |
the injury has been caused to
the domestic industry by the dumping of the subject goods originating in, or
exported from, China P.R.; |
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.
103/99-Customs, dated the 6th August, 1999 [G.S.R. 580 (E), dated the 6th
August, 1999], published in Part II, Section 3, Sub-section (i) of the Gazette
of India, Extraordinary, dated the 6th August, 1999;
AND
WHEREAS the designated authority vide its final findings in review, published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd
October, 2001 has come to the conclusion that-
|
(a) |
the subject goods exported from
the subject country have been exported to India below its normal value; |
|
(b) |
the domestic industry has
suffered material injury by way of depressed Net Sales Realization (NSR) on
account of price suppression caused by low landed prices of the dumped
subject goods from the subject country leading to financial losses; |
|
(c) |
The injury has been caused to
the domestic industry by dumping of the subject goods originating in or
exported from the subject country. The authority recommends anti-dumping duty
on imports of all forms/grades of subject goods falling under Chapter 85
originating in or exported from the subject country. HFRM of any grade with
sizes as indicated in para B(A) (3) of the said findings would attract the
anti-dumping duties; |
|
(d) |
It is also felt that withdrawal/discontinuance of
anti-dumping duty will further accentuate dumping and consequential injury to
the domestic industry; |
Now,
therefore, in exercise of the powers conferred by sub-sections (1), (5) and (6)
of section 9A of the said Customs Tariff Act, read with rule 23 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, after considering the aforesaid findings of the designated
authority, hereby imposes on Hard Ferrite Ring Magnets mentioned in column
(3) of the Table below, falling under sub-heading No. 8505.19 of the First
Schedule to the said Customs Tariff Act, originating in, or exported from,
China P.R., exported by the exporters mentioned in column (2) of the said Table
and imported into India, an anti-dumping duty at a rate which is equivalent to
the difference between the amount mentioned in column (4) of the said Table and
the landed value of the said imported Hard Ferrite Ring Magnets per metric
tonne.
Table
|
S. No. |
Name of
the exporter/producer |
Product |
Amount
(US$/metric tonne) |
|
(1) |
(2) |
(3) |
(4) |
|
1. |
PR China All exporters/producers |
Hard Ferrite Ring Magnet (HFRM)
of all grades and sizes including in unmagnetised form |
1123.8 |
2. The
anti dumping duty imposed under this notification shall be effective up to and
inclusive of the 3rd day of May, 2004, unless the time limit is extended or the
notification is revoked before such time, by notification published in the
Official Gazette and shall be paid in Indian currency.
Explanation.
- For the purposes of this notification,-
(a)
"landed value" means the assessable value as determined 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 the powers conferred 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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