CUSTOMS NOTIFICATIONS NO. 67/2001, Date 25th June, 2001

Import of Ferro Silicon

Whereas in the matter of import of Ferro Silicon falling under sub-heading No.7202.21 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from Russia, China and Iran, the Designated Authority vide its preliminary findings, published in theGazette of India, Extraordinary, Part I, Section 1, dated the21st November, 2000, had come to the conclusion that:-

(i) ferro-silicon, originating in, or exported from, Russia and China has been exported to India below normal value, resulting in dumping;

(ii) the domestic industry has suffered injury;

(iii) injury ahs been caused by imports from the subject countries;

and has considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on allimports of Ferro Silicon, originating in or exported from Russia and China;

And Whereas on the basis of the aforesaid findings of Designated Authority, the Central Government had imposed an anti-dumping duty videnotification of the Government of India in the Ministry of Finance (Department of Revenue), No.152/2000-Customs, dated the 26th December, 2000 [G.S.R. 932 (E) dated the26th December, 2000] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th December, 2000;

And Whereas the Designated Authority vide its final findings, dated the28th May, 2001, published in theGazette of India, Extraordinary Part I, Section 1, dated the 29th May, 2001,

(The bold word has been corrected vide Corrigendum dt.10/07/2001)

(i) Ferro-silicon originating in or exported from Russia and China 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 countries;

Now, therefore, in exercise of powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 20of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and forDetermination 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 countries specified in column (2) of the Table annexed hereto, when exported by exporters mentioned against the corresponding country in column (3) of the said Table, and imported into India, an anti-dumping duty at the rate which is equivalent to thedifference between the corresponding amount mentioned in column (4) of the said Table and the landed value of such imported Ferro Silicon per metric tonne.

Sr. No	Country	Name of the producer/ exporter	Amount (US $/ per metric tonne)
(1)	(2)	(3)	(4)
1.	Russia	All exporters/producers	764
2.	Peoples Republic of China	All exporters/producers	764

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of the imposition of the provisional duty, i.e. the 26/12/2000; and shall be paid in Indian 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 section 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 conferred under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act 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.

Sd/-
(G.D.Lohani)
Under Secretary to the Government of India

Presented by eximkey.com