Customs Notification No. 58 dated 5^th June 2002 (As amended by Notification No. 127 dated 15^th November 2002)

WHEREAS in the matter of import of Zinc Oxide, falling under heading 28.17 or sub-heading 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 7^th August, 2001 had come to the conclusion that -

(a)            Zinc Oxide, in all forms, originating in, or exported from, Nepal, had been exported to India below its normal value;

(b)            the domestic industry had 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 had been caused to the domestic industry by dumping of zinc oxide, in all forms, originating in, or exported from Nepal;

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. 93/2001�Customs, dated the 12^th September, 2001, [G.S.R. 656(E), dated the 12^th September, 2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the12^th September, 2001;

AND WHEREAS the designated authority, vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18^th March^, 2002 has come to the conclusion that -

(a)            Zinc Oxide, in all forms, originating in, or exported from, Nepal, have 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;

AND WHEREAS the designated authority has recommended that anti-dumping duty be imposed on all grades of Zinc Oxide originating in, or exported from, Nepal;

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 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 final findings of the designated authority, hereby imposes on Zinc Oxide, of all grades, falling under heading 28.17 or sub-heading 3812.30 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Nepal, by exporters/producers mentioned in column (2) of the Table given below, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount mentioned in the corresponding entry in column (3) of the said Table and the landed value of such imported Zinc Oxide per metric tonne.

Provided that nothing contained in this notification shall apply to such Zinc Oxide, in import of which the exemption under Notification No. 40/ 2002-Customs dated the 12^th April 2002 [G.S.R. 281 (E), dated the 12^th April, 2002] is availed of.

2.���� The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 12^th September 2001, and shall be paid in Indian currency.