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Anti-Dumping Duty: Ferro Silicon, originating in, or exported from, South
Africa and Macedonia
Customs
Notification No. 78 dated 13th August 2002
Whereas
in the matter of import of Ferro silicon falling under sub-heading 7202.21 of
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in,
or exported from, South Africa and Macedonia (hereinafter referred to as the
subject countries), the designated authority vide its preliminary
findings, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 11th July, 2002, has come to the conclusion that:
(i)
Ferro-silicon or product under consideration has been exported to India
from subject countries below normal value;
(ii)
the Indian industry has suffered material injury;
(iii) the injury has been caused by the
dumped imports from the subject country;
and
has considered it necessary to impose anti-dumping duty, provisionally, pending
final determination, on all imports of ferro silicon, originating in, or
exported from, the subject countries;
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 above findings of the designated authority, hereby imposes
on Ferro silicon falling under sub-heading 7202.21 of the First Schedule to the
said Customs Tariff Act, originating in, or exported from, the country specified
in column ( 2) of the Table annexed hereto, when exported by exporter specified
in the corresponding entry in column ( 3) of the said Table, and imported into
India, an anti-dumping duty at the rate which is equivalent to the difference
between the amount specified in the corresponding entry in column (4) of the
said Table and the landed value of such imported ferro silicon per metric tonne.
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S.
No.
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Name
of the Country
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Name
of the Exporter
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Amount
(US$/ Metric Tonne)
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(1)
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(2)
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(3)
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(4)
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1.
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South
Africa
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All
exporters
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731.59
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2.
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Macedonia
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All
exporters
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731.59
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2. The anti-dumping duty imposed under
this notification shall be effective upto and inclusive of the 12th
day of February 2003 and 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 sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(b)
rate of exchange applicable for the purposes of calculation of such
anti-dumping duty shall be the rate, which is specified in the notification of
the Government of India in the Ministry of Finance & Company Affairs
(Department of Revenue), issued from time to time, in exercise of the powers
conferred 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.
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