Anti-Dumping Duty: Ferro silicon export originating from Ukraine
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, Ukraine, the designated
authority vide its preliminary findings, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 21st June, 2001, has come
to the conclusion that -
(a)
ferro silicon, originating in, or exported from, Ukraine has been
exported to India below normal value, resulting in dumping;
(b)
the domestic industry has suffered injury;
(c)
the injury has been caused by imports from the subject country;
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, Ukraine;
Now, therefore, in exercise of the powers conferred by sub-section
(2) of section 9A of the said Customs Tariff Act, read with rule 13 and rule 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 above findings of the designated
authority, hereby imposes on ferro silicon falling under sub-heading No. 7202.21
of the First Schedule to the said Customs Tariff Act, originating in, or
exported from, Ukraine, exported by all exporters/ producers, and imported into
India, an anti-dumping duty at the rate which is equivalent to US$ 761 per
metric tonne and the landed value of such imported ferro silicon per metric
tonne.
2.
The anti-dumping duty imposed under this notification shall be effective
upto and inclusive of the 19th day of January 2002 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 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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