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Anti Dumping Duty: Low Carbon Ferro Chrome export originating from Russia
WHEREAS in the matter of import of Low
Carbon Ferro Chrome, falling under sub-heading No. 7202.49 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or export
from, Russia, the designated authority vide its final findings, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd
December, 1996 had come to the conclusion that -
(a)
Low Carbon Ferro Chrome, originating in, or exported from, Russia, has
been exported to India below its normal value;
(b) the
domestic industry has suffered material injury; and
(c) the
injury has been caused to the domestic industry by exports originating in, or exported from, Russia;
And
whereas on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed anti-dumping duty, vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.
7/97-Customs, dated the 24th January, 1997, published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 24th
January, 1997, vide number GSR 33 (E);
And
whereas in the matter of import of Low Carbon Ferro, Chrome falling under
sub-heading No.7202.49 of the First Schedule to the said Customs Tariff Act,
originating in, or exported from, Kazakhstan, the designated authority vide its
final findings, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 3rd December, 1996 had come to the conclusion
that-
(a) Low Carbon Ferro Chrome,
originating in, or exported from, Kazakhstan, has been exported to India below
its normal value
(b) the
domestic industry has suffered material injury; and
(c) the
injury has been caused to the domestic industry by the exports originating in, or exported from, Kazakhstan;
And
whereas on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed anti-dumping duty, vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.
8/97-Customs, dated the 24th January, 1997, published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 24th
January, 1997, vide number GSR 34 (E);
And
whereas the designated authority vide its final findings in review, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st
October, 2000 had come to the conclusion that-
(a)
Low Carbon Ferro Chrome originating in or exported from subject countries
has not been exported to India during period of investigation and that there is
no dumping of the subject goods from the subject countries;
(b)
The domestic industry has not suffered any material injury from imports
of Low Carbon Ferro Chrome from subject countries during the period of
investigation;
(c)
Cessation of existing anti-dumping duty on imports of LCFC from the
subject countries is not likely to lead to continuation or recurrence of injury
to the domestic industries;
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 (6) of the said Section 9A
and 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 rescinds the notifications of the Government of
India in the ministry of Finance (Department of Revenue), No. 7/97-Customs,
dated the 24th January, 1997, published in Part II, Section 3,
Sub-section (i) of the Gazette of India, Extraordinary, dated the 24th
January, 1997, vide number GSR 33 (E), and No. 8/97-Customs, dated the 24th
January, 1997, published in Part II, Section 3, Sub-section (i) of the Gazette
of India, Extraordinary, dated the 24th January, 1997 vide number GSR
34 (E), except as respects things done or omitted
to be done before such rescission.
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