WHEREAS In
the matter of import of Metallurgical coke (hereinafter referred to as
�Metcoke�) falling under Chapter 27 of the First Schedule to the Customs Tariff
Act, 1975(51 of 1975), originating in or exported from, China PR, the
Designated Authority vide its preliminary findings published in Part 1, Section
1 of the Gazette of India Extraordinary dated the 20th March 1998 had come to
the conclusion that-
(i)������� Metcoke originating in,
or exported from, China PR has been exported to India below normal value,
resulting in dumping;
(ii)������ the Indian industry has
suffered material injury; and
(iii)������ the injury has been
caused cumulatively by the imports from the subject country;
AND WHEREAS
on the basis of the aforesaid findings of the Designated Authority, the Central
Government has imposed anti-dumping duty vide notification No. 22/ 98-Customs,
dated the 6th May 1998 [G.S.R. 243 (E), dated the 6th May, 1998], published in
Part II, Section 3, Sub-section (i) of the Gazette of India Extraordinary,
dated the 6th May, 1998;
AND WHEREAS
the Designated Authority vide its findings published in Part I, Section 1 of
the Gazette of India Extraordinary, dated the 27th August 1998 has arrived at
the final findings that-
(i) ������ Metcoke originating in,
or exported from, China PR has been exported to India below its normal value;
(ii)������ the domestic industry
has suffered material injury; and
(iii) ����� injury has been caused
to the domestic industry by the dumping of the subject goods originating in, or
exported from, China PR
AND WHEREAS
on the basis of the aforesaid findings of the Designated Authority, the Central
Government has imposed anti-dumping duty vide notification No. 81/ 98-Customs,
dated the 27th October 1998 [G.S.R. 644 (E), dated the 27th
October, 1998], published in Part II, Section 3, Sub-section (i) of the Gazette
of India Extraordinary, dated the 27th October, 1998;
AND WHEREAS
the Customs, Excise and Gold Control Appellate Tribunal in its final order Nos.
6 to 15/ 2000-AD dated 21st January 2000 has inter-alia held that
all imports of Metcoke exported from or originating in the Peoples Republic of
China to India may be subjected to and dumping duties at the following rates as
indicated against each exporter;
|
1
|
China National Coal Industry Import/ Export (Group)
Corporation
|
US$ 18.35
|
|
2
|
China National Mineral Import/ Export (Group) Corporation
|
US$ 24.51
|
|
3
|
Shanxi Coal Import Export Group Corporation (Minmetal
Group)
|
US$ 19.22
|
|
4
|
Ningxia Xiacheng Import & Export Corporation
|
US$ 24.95
|
|
5
|
China North Industries Corporation
|
US$ 22.69
|
|
6
|
Shanghai Pacific Chemicals (Group) Corporation Ltd.
|
US$ 19.22
|
|
7
|
All other exporters
|
US$ 24.95
|
And that
subject to these modifications, the final findings dated 27th August
1998 of the Designated Authority are confirmed and that the corrigendum dated 2nd
September 1998 is set aside;
AND WHEREAS
the Designated Authority has accepted the above judgement of the Customs,
Excise and Gold Control Appellate Tribunal;
Now,
therefore, in exercise of the powers conferred by sub-section (1) of section 9A
read with sub-section (6) of section 3 of the Customs Tariff Act, 1975 (51 of
1975), and sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962);
and in supersession of the Notification of the Government of India in the
ministry of Finance (Department of Revenue) No. 81/ 98-Customs, dated the 27th
October, 1998 (G.S.R. 644 (E), dated the 27th October 1998) except
as respects things done or omitted to be done before such supersession,� the Central Government, hereby imposes on
Metcoke falling under heading No. 27.04 of the First Schedule to the said
Customs Tariff Act, 1975 (51 of 1975), originating in or exported from China PR
and imported into India, by the exporters mentioned in column (2) of the table
hereto annexed, an anti-dumping duty of an amount equivalent to the rate
indicated in column (3) of the said Table, converted into Indian currency with
reference to the rate of exchange as in force on the date on which a bill of
entry is presented under section 46 of the said Customs Act, 1962 (52 of 1962).
|
S.No.
|
Name of the Exporter
|
Rate per M.T.
|
|
1
|
China
National Coal Industry Import/ Export (Group) Corporation
|
US$ 18.35
|
|
2
|
China
National Mineral Import/ Export (Group) Corporation
|
US$
24.51
|
|
3
|
Shanxi
Coal Import Export Group Corporation (Minmetal Group)
|
US$
19.22
|
|
4
|
Ningxia
Xiacheng Import & Export Corporation
|
US$
24.95
|
|
5
|
China
North Industries Corporation
|
US$
22.69
|
|
6
|
Shanghai
Pacific Chemicals (Group) Corporation Ltd.
|
US$
19.22
|
|
7
|
All
other exporters
|
US$
24.95
|
Nothing contained in this
notification shall apply to imports of Metcoke:
a)������� by
a manufacturer of pig iron or steel using a blast furnace or
b)������� by
a manufacturer of steel using COREX technology or
c)������� by
a manufacturer of pig iron using COREX technology or
d)������� by
a manufacturer of ferro alloys
If he follows the procedure set out in the Customs (Import
of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods)
Rules, 1996.
Explanation- For the
purposes of this notification, the expression �rate of exchange� shall mean the
rate of exchange notified by the Central Government under sub-clause (i) of
clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of
1962).