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Anti-Dumping Duty: Ferro Silicon export originating from Russia, China
and Iran
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, 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;
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 had 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 ll, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 26th December, 2000;
And Whereas the Designated Authority vide its final findings dated
the 28th May 2001, published in the Gazette of India, Extraordinary,
Part l, Section l, dated the 29th 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)
The 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 Articles 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.
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S. No.
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Country
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Name of the producer / exporter
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Amount
(US$ per metric tonne)
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(1)
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(2)
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(3)
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(4)
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1.
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Russia
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All
exporters/ producers
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764
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2.
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Peoples
Republic of China
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All
exporters/ producers
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764
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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 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 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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