(This notification has been rescinded vide CUS NTF NO. 22/2004 DATE 21/01/2004)
Notification No.69/2000-Customs dt. the 19th May, 2000
Anti Dumping Duty on Metallurgical coke exported from China PR
G.S.R. (E)-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 I, Section 1 of the Gazette of India Extraordinary, dated the 20th March, 1998 had come to the conclusion that-
- Metcoke originating in, or exported from, China PR has been exported to India below normal value, resulting in dumping;
- The Indian industry has 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.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 -
- Metcoke originating in, or exported from, China PR has been exported to India below its normal value;
- The domestic industry has suffered material injury; and
- 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 (1) 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 anti-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 and Export 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---------------------------------------------------------------------------------------
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 said Customs Tariff Act 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 supercession, the Central Government hereby imposes on metcoke falling under heading No.27.04 of the First Schedule to the said Customs Tariff Act, 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 metric tonne ------------------------------------------------------------------------------------- (1) (2) (3) ------------------------------------------------------------------------------------- 1. China National Coal Industry Import / Export (Group) Corporation. US $18.35 2. China National Mineral Import and Export 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.”.
(Above para has been substituted vide
Cus Ntf No.05/2003 Dt. 03/01/2003)
This notification shall remain in force upto and inclusive of the 5th day of May, 2004, unless the notification is revoked earlier.
(Continuation of anti-dumping duty on Metallurgical coke vide CUS NTF NO.75/2003 DATE 02/05/2003)[OLD - 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
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.
(This para has been substituted vide
Cus Ntf No.100/2002 Date 1/10/2002)
Nothing contained in this notification shall apply to imports of metcoke by a manufacturer of pig iron or steel using a blast furnace 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 (1) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962).
(Prashant Kumar Sinha)
Under Secretary to the Government of India
(Anti dumping duty on metallurgical coke CUS NTF NO. 23/2004 DATE 21/01/2004)(Please refer CUS CIR NO. 103/2003 DATE 09/12/2003)(Please refer CUS CIR NO. 56/2003 DATE 27/06/2003)Presented by eximkey.com