[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
9th April, 2001
Notification No. 40/2001-Customs
WHEREAS in the matter of import of Zinc Oxide, falling under heading No. 28.17 or sub-heading No. 3812.30 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from the People’s Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th March, 2001 has come to the conclusion that –
(a) Zinc Oxide, in all forms, originating in, or exported from, the People’s Republic of China, has been exported to India below its normal value;
(b) the domestic industry has suffered material injury by way of depressed net sales realization on account of price suppression caused by low landed prices of dumped subject goods from the People’s Republic of China leading to financial losses;
(c) the injury has been caused to the domestic industry by dumping of subject goods, originating in, or exported from the People’s Republic of China;
Now, therefore, in exercise of powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rule 13 and rule 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 findings of the designated authority, hereby imposes on Zinc Oxide of all grades of 99.5% purity, falling under heading No.28.17 or sub-heading No. 3812.30 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People’s Republic of China, and when imported into India, an anti-dumping duty at the rate of US dollars 578.75 per metric tonne.
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 8th day of October, 2001, and shall be payable in Indian currency.
3. The rate of anti-dumping duty for Zinc Oxide of all grades of purity other than 99.5% shall be worked out on pro rata basis.
Explanation. – For the purposes of this notification, “rate of exchange” applicable for the purposes of calculation of 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 Customs Act, 1962 (52 of 1962) 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.
UNDER SECRETARY TO THE GOVERNMENT OF INDIA