CUSTOMS NOTIFICATION No. 81/98 Dated : 27-10-98
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 (hereinafter referred to as
the provisional duty);
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.
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, after considering the aforesaid findings of the
Designated Authority, 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, an anti-dumping duty calculated at a rate as equivalent to the difference between
Rs. 4673 and the landed value of Metcoke, per metric tonne ;
2. The anti-dumping duty imposed under this notification shall be levied with effect from
the date of imposition of provisional duty i.e. 6th of May, 1998.
- Explanation:-
- For the purposes of this notification, "landed value" means
the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all
duties of customs except duties of customs levied under sections 3, 3A, 8B, 9 or section
9A, as the case may be, of the said Customs Tariff Act.
Sd/-
(Atul Gupta)
Under Secretary to the Govt.of India
(Anti dumping duty on metallurgical coke CUS NTF NO. 23/2004 DATE 21/01/2004)
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