CUSTOMS NOTIFICATION No. 79/98 Dated 22-10-98
WHEREAS in the matter of import of Magnesium falling under chapter 81 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and 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 6th February, 1998 had come to the conclusion that
Magnesium originating in, or exported from, China PR has been exported to India below normal value, resulting in dumping;
- the Indian industry ham suffered material injury; and
- 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. 19/98-Customs, dated the 4th May, 1998 [G.S.R. 236 (E), dated the 4th May, 1998], published in Part 11, Section 3, Sub-section (i) of the Gazette of India Extraordinary, dated the 4th May, 1998 (hereinafter referred to as the provisional duty):
AND WHEREAS the Designated Authority vide its findings published in Part 1, section 1 of the Gazette of India Extraordinary dated the 24th July, 1998 has arrived at the final findings that -
- Magnesium originating in, or exported from, China PR has been exported to India below normal value;
- the domestic industry has suffered material injury;
- the injury has been caused to the domestic industry by the dumping of the subject goods originating in or exported from China PR.
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, the Central Government on the basis of aforesaid findings of the Designated Authority, hereby, imposes on the Magnesium failing under sub-heading Nos. 8104. 11 and 8104.19 of the First Schedule to the said Customs Tariff Act, originating in or exported from China PR and imported into India, an Anti-dumping duty at a rate which is equivalent to the difference between Rs. 157005 and the landed value of Magnesium, per Metric tonne;
Provided that the rate of anti-dumping duty shall not exceed an amount of Rs. 57852 per metric tonne.
2. The anti-dumping duty imposed under this notification shall levied with effect from the date of imposition of provided duty i.e. 4th of May, 1998.
- Explanation :
- For the purposes of this notification landed value' means the assessable value also determines under the Customs Act, 1962 (52 of 1962) and includes all duties of Customs except customs duties levied under sections 3, 3A, 8B, 9 or section 9A, as the case may be of the said Customs Tariff Act.