|
Anti-Dumping Duty: Seamless tubes or seamless pipes export originating
from Austria, Czech Republic, Russia, Romania and Ukraine
WHEREAS
in the matter of import of seamless tubes or seamless pipes falling under
heading or sub-heading Nos. 73.04, 7304.10, 7304.29 and 7304.39 of the First
Schedule to the Customs Tariff Act 1975 (51 of 1975), originating in, or
exported from, Austria, Czech Republic, Russia, Romania and Ukraine, the
designated authority vide its final findings, dated the 19th May,
2000, published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 19th May, 2000, had come to the conclusion that -
(a)
Seamless tubes originating in, or exported from, the subject countries
have been exported to India below normal value, resulting in dumping;
(b) the domestic industry has
suffered injury;
(c) injury has been caused by imports
from the subject countries;
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.
91/2000-Customs, dated the 21st June, 2000 [G.S.R. 546(E), dated the
21st June, 2000], published in Part II, Section 3, Sub-section (i) of
the Gazette of India, Extraordinary, dated the 21st June, 2000;
AND
WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter
referred to as CEGAT), in its Final Order No. 2-3/2001-AD dated the 13th
March, 2001 in Appeal No. C/331/2000-AD & C/364/2000-AD in the matter of M/s
Volzhsky Pipe Plant, and Association of Seamless Tubes Manufacturers vs
Designated Authority, has ordered modification of the anti-dumping duties
imposed vide said Notification No. 91/2000-Customs, dated the 21st
June, 2000;
AND
WHEREAS the designated authority has accepted above order of the CEGAT dated the
13th March 2001;
Now,
therefore, in exercise of the powers conferred by sub-section (1) and
sub-section (8) of section 9A of the said Customs Tariff Act, read with rules 18
and 20 of the Custom Tariff (Identification Assessment and Collection of
Anti-dumping Duty on Dumped articles and for Determination of Injury) Rules,
1995 and in supersession of the notification of the Government of India in the
Ministry of Finance (Department of Revenue) No. 91/2000-Customs, dated the 21st
June, 2000 [G.S.R.546 (E) dated the 21st June, 2000], the Central
Government hereby imposes on all imports of the categories and grades mentioned
in columns (4) and (5) respectively of the Table annexed hereto of dumped
hot-finished line pipes and boiler pipes of iron (other than cast iron) or
non�alloy steel and casing and tubing of alloy and non-alloy steel falling
under sub-heading Nos. 7304.10, 7304.29 and 7304.39 of the First Schedule to the
said Customs Tariff Act of dimensions (OD) ranging from (i) 21.30 mm to 273 mm
or 10 inches NB for line and boiler pipes, (ii) 38.1 mm to 244.5 mm or 9 5/8
inches for casing and tubing, originating in, or exported from, the countries
mentioned in column (2) of the said Table, when exported by the exporters
mentioned in column (3) of the said Table, at a rate which is equivalent to the
difference between the amount mentioned in the corresponding entry in column (6) of the said Table
and the landed value of imports.
|
S. No.
|
Country
|
Exporter
|
Category of
Seamless Pipe
|
Grade
|
Amount in US$
per metric tonne
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
1.
|
Russia
|
1. Volzhsky Pipe
Plant
|
Casing pipe
|
N-80
L-80
P-110
|
757
|
|
2. Volzhsky Pipe
Plant, the manufacturer, and M/s Mitsui & Co. Ltd. Tokyo, the exporter
|
Casing pipe
|
L-80
|
757
|
|
3. All other
exporters of all categories of seamless pipes/ tubes as described in the above
paragraph
|
All types of
Seamless pipe as described in the above paragraph
|
|
1001
|
|
2.
|
Romania
|
1. Petrotub S.A.
|
Line Pipe and
Casing Pipe
|
|
Nil
|
|
All other pipes
|
|
1001
|
|
2. Silcotub S.A.
|
Boiler Pipe
|
|
945
|
|
Line Pipe
|
|
Nil
|
|
All other pipes
|
|
1001
|
|
3. All other
exporters of all categories of seamless pipes/ tubes as described in the above
paragraph
|
All types of
seamless pipes as described in the above paragraph
|
|
1001
|
|
3
|
Austria
|
All exporters of
all categories of seamless pipes/ tubes as described in the above paragraph
|
All types of
seamless pipes as described in the above paragraph
|
|
1001
|
|
4.
|
Czech Republic
|
All exporters of
all categories of seamless pipes/ tubes as described in the above paragraph
|
All types of
seamless pipes as described in the above paragraph
|
|
1001
|
2. The anti-dumping
duty 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.
|