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Anti-Dumping Duty: Zinc Oxide export originating from the People�s
Republic of China
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 the People�s Republic of China
the designated authority vide its preliminary findings, published in the Gazette
of India, Extraordinary, Part I, Section 1, dated the 7th March, 2001
had come to the conclusion that:
(a) Zinc
Oxide, in all forms, originating in, or exported from, the People�s Republic
of China, 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 subject goods from the People� s Republic of China leading to financial
losses;
(c) the
injury has been caused to the domestic industry by dumping of subject goods,
originating in, or exported from the People�s Republic of China;
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.
40/2001-Customs, dated the 9th April, 2001, [G.S.R. 253(E), dated the
9th April, 2001] published in Part II, Section 3, Sub-section (i) of
the Gazette of India, Extraordinary, dated the 9th April, 2001;
AND
WHEREAS the designated authority vide its final findings published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 6th
October, 2001 has come to the conclusion that -
(a) Zinc
Oxide, in all forms, originating in, or exported from, the People�s Republic
of China, has been exported to India its their 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 subject goods from the People� s Republic of China leading to financial
losses;
(c) the
injury has been caused to the domestic industry by dumping of subject goods,
originating in, or exported from the People�s Republic of China;
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 the said 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,
the People�s Republic of China, and imported into India, an anti-dumping duty
at the rate of US$ 289.90 per metric tonne.
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 9th
April 2001, and shall be paid 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.
Explanation:
For the purposes of this notification, 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 (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.
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