Anti-Dumping Duty: Ferro silicon originating in or exported from Ukraine
Notification No. 19 dated 15th February
2002
Whereas in the matter of import of Ferro Silicon
falling under sub-heading 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,
had come to the conclusion that �
(i)
Ferro silicon, originating in, or exported from, Ukraine 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 country;
and had considered it necessary to impose
anti-dumping duty, provisionally, pending final determination, on all imports of
ferro silicon, originating in, or exported from, Ukraine;
And Whereas on the basis of the aforesaid findings
of the designated authority, the Central Government had imposed an anti-dumping
duty on the said Ferro silicon vide notification of the Government of India in
the Ministry of Finance (Department of Revenue), No. 80/2001-Customs, dated the
20th July, 2001, [G.S.R. 545 (E), dated the 20th July,
2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 20th July, 2001;
And Whereas the designated authority vide its final
findings, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 16th January, 2002, has come to the conclusion that -
(i) Ferro-silicon
originating in or exported from Ukraine 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 Ukraine,
Now, therefore, in exercise of the powers conferred
by sub-section (1) of section 9A of the said Customs Tariff Act, read with
sub-section (5) thereof, 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, Ukraine, when
exported by all exporters/ producers, and imported into India, an anti-dumping
duty at the rate which is equivalent to the difference between the amount
equivalent to US$ 740 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 levied with effect from the date of
the imposition of the provisional duty, i.e. the 20th July 2001;
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 sections 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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