Cus Ntf No.19/2002 Date 15/02/2002

Cus Ntf No.19/2002 Date 15/02/2002

Anti-dumping duty on ferro silicon falling under sub-heading 7202.21
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, Ukraine, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st June, 2001, had come to the conclusion that-

(i) Ferro silicon, originating in, or exported from, Ukraine has been exported to India below normal value, resulting in dumping;

(ii) the domestic industry has suffered injury;

(iii) injury has been caused by imports from the subject country;

and had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of ferro silicon, originating in, or exported from, Ukraine; And Whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the said Ferro silicon vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 80/2001-Customs, dated the 20th July, 2001, [G.S.R. 545 (E),dated the 20th July, 2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 20th July, 2001; And Whereas, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary,Part I, Section 1, dated the 16th January, 2002, has come to the conclusion that –

(i) Ferro silicon originating in or exported from Ukraine has been exported to India below normal value, resulting in dumping;

(ii) the domestic industry has suffered injury;

(iii) injury has been caused by imports from Ukraine

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) thereof, 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 Ferro silicon falling under Chapter 72 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Ukraine, when exported by all exporters/producers, and imported into India, an anti-dumping duty at the rate which is equivalent to the difference between the amount equivalent to US$ 740 per metric tonne and the landed value of such imported Ferro silicon 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 duty, i.e., the 20th July, 2001, and shall be paid in India 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 (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 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.

Vivek Prasad
Under Secretary to the Government of India

F. No. 354/12/2002-TRU