Customs
Notification No. 59 dated 5th June 2002
{This notification has been rescinded vide Customs
Notification No. 21 dated 31st January 2003}
WHEREAS in
the matter of import of graphite electrodes- Ultra High Power grade (of diameters
upto and including 24�), falling under sub-heading 85.45 of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from,
Poland and Brazil, and imported into India, the designated authority vide its
preliminary findings, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 8th May, 2002, has come to the conclusion that
�
(i)���� graphite
electrodes- Ultra High Power grade (of diameters upto and including 24�)
originating in, or exported from, Poland and Brazil has been exported to India
below its Normal value, resulting in dumping;
(ii)��� the
Indian industry has suffered material injury;
(iii)�� the injury has been caused by imports from Poland and Brazil;
AND WHEREAS
the designated authority has considered necessary to impose anti-dumping duty,
provisionally, pending final determination, on all imports of the graphite
electrodes- Ultra High Power grade (of diameters upto and including 24")
originating in, or exported from, Poland and Brazil, and recommended the amount
of anti-dumping duty equal to the margin of dumping or less, which if levied,
would remove the injury to domestic industry;
NOW,
THEREFORE, in exercise of the powers conferred by sub-section (2) of section 9A
of the said Customs Tariff Act read with rules 13 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 above findings of the designated authority, hereby imposes
on graphite electrodes-Ultra High Power grade (of diameters upto and including
24" ), falling under sub-heading 85.45 of the First Schedule to the said
Customs Tariff Act, originating in, or exported from, the countries specified
in column (2) of the Table hereto annexed, when exported by producers/exporters
specified in corresponding entry in column (3), and imported into India, an
anti-dumping duty at the rate equivalent to the difference between the
corresponding amount mentioned in column (4) of the said Table and landed value
of imports of graphite electrodes-Ultra High Power grade (of diameters upto and
including 24" ) in US $ per metric tonne.
|
S.
No.
|
Name
of the country
|
Name
of the Producers/ Exporters
|
Amount
in US $ per metric tonne
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
1.
|
Poland
|
All
Exporters
|
2903.71
|
|
2.
|
Brazil
|
All
Exporters
|
2903.71
|
2.���� The
anti-dumping duty imposed under this notification shall be effective upto
and inclusive of the 4th day of December 2002, and shall be
payable 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 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.