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Anti-dumping Duty: Calcium Carbide export originating from China, Romania
WHEREAS in the matter of import
of Calcium Carbide falling under Chapter 28 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), originating in or exported from China and
Romania, the designated authority vide its preliminary findings, published in
the Gazette of India, Extraordinary, Part I, Section I, dated 24th August,
1998 had come to the conclusion that: -
(a) Calcium Carbide has been exported from China and
Romania at a price lower than the normal value, resulting in dumping of Calcium
Carbide;
(b) the
domestic industry has suffered material injury;
(c) the
causal link between dumping and injury has been established;
AND WHEREAS on the basis of the
aforesaid finding of the designated authority, the Central Government has
imposed anti-dumping duty vide notification No.71/98-Customs dated the 8th
October 1998, published in Part II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary, dated the 8th October 1998.
AND WHEREAS the designated
authority vide its final findings, published in Part I, Section I of the Gazette
of India, Extraordinary, dated the 22nd January, 1999 had come to the
conclusion that -
(a) Calcium Carbide has been exported from China and
Romania at a price lower than the normal value, resulting in dumping of Calcium
Carbide;
(b) the
domestic industry has suffered material injury;
(c) the
causal link between dumping and injury has been established;
AND WHEREAS on the basis of the
aforesaid final finding of the designated authority, the Central Government has
imposed anti-dumping duty vide notification of the Government of India, in the
Ministry of Finance (Department of Revenue), No.32/99-Customs dated the 11th
March, 1999, published in Part II, Section 3, Sub-section (i)of the Gazette of
India, Extraordinary , dated the 11th March, 1999.
AND WHEREAS the Customs, Excise
and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT) in its
final order Nos. 26-28/2000 dated the 9th February, 2000 in Appeal
No.C/160-162/99-AD in the matter of M/s AIIGMA and others vs. the
Designated Authority, has held that �anti-dumping duty in the respect of
Calcium Carbide coming from China should be US$ 13.88 pre metric tonne and that
from Romania must be at the rate of US$ 24.29 per metric tonne. Subject to the
above modification regarding dumping duty in US $, the order passed by the
Designated Authority is confirmed.�
AND WHEREAS the designated
authority has accepted the above order of CEGAT dated the 9th
February 2000.
Now, therefore, in exercise of
the powers conferred by sub-section (1) of section 9A of the said Customs Tariff
Act, read with 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 and in supersession of the notification of the Government of
India in the Ministry of Finance (Department of Revenue), No, 32/99-Customs
dated the 11th March , 1999 [G.S.R.200(E),dated the 11th
March, 1999] except as respects things done or omitted to the done before such
supersession, the Central Government hereby imposes on Calcium Carbide falling
under Chapter 28 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975), originating in, or exported from, country specified in column (2) of the
Table below, and imported into India an anti-dumping duty at the rate specified
in the corresponding entry in column (3)of the said Table.
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S. No.
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Name of the Country/ Exporter
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Amount of duty
(US $ per Metric Tonne)
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(1)
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(2)
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(3)
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1.
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China (All Exporters)
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13.88
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2.
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Romania (All Exporters)
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24.29
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Explanation- For the purposes of
this notification, the anti-dumping duty shall be paid in Indian currency. The
�rate of exchange� applicable for the purposes of calculation of such
anti-dumping duty shall be the rate, which is specified in the notification to
the Government of India in the Ministry of Finance (Department of Revenue),
issued from time to time, in exercise of powers under sub-clause (i) of
sub-section (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.
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