Anti-Dumping Duty: Hard Ferrite Ring Magnets export originating from
People�s Republic of China
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 the 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.
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
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, 1962 (52 of
1962) 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.
|