|
Anti-Dumping Duty: Zinc Oxide export originating from Nepal
WHEREAS in the
matter of import of Zinc Oxide, falling under heading No. 28.17 or sub-heading
No. 3812.30 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in, or exported from Nepal, the designated authority vide its
preliminary findings, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 7th August 2001 has come to the conclusion that
-
(a) Zinc Oxide, in all
forms, originating in, or exported from, Nepal, has been exported to India below
its normal value;
(b) the domestic industry
has suffered material injury by way of depressed net sales realization on
account of price suppression caused by low landed prices of dumped zinc oxide ,
in all forms, from Nepal leading to financial losses;
(c) the injury has been
caused to the domestic industry by dumping of zinc oxide , in all forms,
originating in, or exported from Nepal;
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 aforesaid findings of the designated authority, hereby
imposes on Zinc Oxide of all grades of 99.5% purity, falling under heading
No.28.17 or sub-heading No. 3812.30 of the First Schedule to the said Customs
Tariff Act, originating in, or exported from, Nepal, by exporters/ producers
specified in column (2) of the Table given below, and imported into India, an
anti-dumping duty at the rate specified in the corresponding entry in column (3)
of the said Table.
|
S.No.
|
Name
of the exporter/producer
|
Amount
of duty (US $ per metric tonne)
|
|
(1)
|
(2)
|
(3)
|
|
1
|
M/s Pashupati Oxide
Udyog, Sonapur
|
175.74
|
|
2
|
M/s Asian Metals, Birat Nagar
|
167.95
|
|
3
|
M/s Pashupati Metal
Industries, Birat Nagar
|
296
|
|
4
|
M/s Swastik Metal
Industries, Birat Nagar
|
43.57
|
|
5
|
M/s Unnat
Industries (P) Ltd.
|
Nil
|
|
6
|
M/s Shree Pashupati
Rasayanik Udyog (P) Ltd.
|
Nil
|
|
7
|
Other exporters/
producers
|
296
|
2. The anti-dumping
duty imposed under this notification shall be effective upto and inclusive of
the 11th day of March 2002, and shall be payable in Indian
currency.
3. The rate of
anti-dumping duty for Zinc Oxide of all grades of purity other than 99.5% shall
be worked out on pro rata basis.
Illustration:
The rate of provisional anti-dumping duty on Zinc Oxide of 49.75% purity,
exported by M/s Pashupati Oxide Udyog, Sonapur shall be calculated as 50% of US
$ 175.74 per metric tonne, i.e. US$ 87.87 per metric tonne.
Explanation:
For the purposes of this notification, 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 Customs Act, 1962 (52 of 1962) and the relevant date for the 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.
|