Anti-dumping duty on graphite electrodes

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

7^th July, 2003

Notification No. 101/2003-Customs

WHEREAS the designated authority vide notification  published Part I, Section 1 in the Gazette of India, Extraordinary, dated the 17^th of May, 2002, had initiated  review in the matter of continuation of final anti-dumping duty imposed on import of graphite electrodes (hereinafter referred to as “the subject goods”) originating in, or exported from United States of America (USA), Peoples’ Republic of China (PR China), Germany, Belgium, Austria, France, Spain and Italy (hereinafter referred to as “the subject countries”) vide notification No. 20/98-Customs dated the 5^th May, 1998 [G.S.R. 239(E), dated the 5^th May, 1998], and had requested for suitable extension of anti-dumping duty pending the results of the review investigations;

AND WHEREAS, the Central Government has extended the anti-dumping duty imposed on graphite electrodes originating in, or exported from USA, Peoples Republic of China, Germany, Belgium, Austria, France, Spain and Italy vide notification No. 109/2002-Customs dated the 10^th October, 2003 [ G.S.R. 695(E), dated the 10^th October, 2002] upto and inclusive of 20^th January, 2003 and vide notification No. 12/2002-Customs dated the 20^th January, 2003 [G.S.R. 40(E), dated the 20^th January, 2003] upto and inclusive of 20^th April, 2003;

AND WHEREAS, the designated authority vide its findings vide  notification No. 28/1/1998 dated 9^th April, 2003 in the review proceedings initiated in the matter published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9^th April,  2003 has concluded that –

(i)  the various economic indicators and injury parameters imply that the cessation of anti-dumping duty on the imports of graphite electrodes (Ultra High Power grade) from USA, Germany, Belgium, Austria, France, Spain and Italy will not lead to continuance or recurrence of dumping and injury and, therefore, recommends discontinuance of anti dumping duty on graphite electrodes  (Ultra High Power grade) exported to India from the  subject countries except China ;

(ii) graphite electrodes (Normal Power Grade, or NPG) originating in or exported from PR China have been exported to India below normal value, resulting in dumping;

(iii) the Indian industry has suffered material injury caused by dumped imports from People’s Republic of China;

AND WHEREAS, the designated authority has recommended imposition of anti-dumping duty at specified rates on graphite electrodes originating in or exported from PR China in order to remove injury to the domestic industry.

Now, therefore , in exercise of the powers conferred by sub-sections (1) and (5)of section 9A of the  Customs Tariff Act, 1975 (51 of 1975) read with rules 18 and 23 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, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under headings of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table,  originating in the countries as specified in the corresponding entry in column (5), and exported from the countries as specified in the corresponding entry in column (6) and produced by the producers as specified in the corresponding entry in column (7) and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty equal to the amount mentioned in the corresponding entry given in column (9)  in the currency as specified in the corresponding entry in column (11)  and per unit of measurement as specified in the corresponding entry in column (10), of the said Table.

Table

2. The anti-dumping duty imposed under this notification shall be payable in Indian currency.

Explanation .- For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified  in exercise of the powers conferred by sub-clause (i) of  sub-section (3) of section 14 of the Customs Act, 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, 1962.

V.Sivasubramanian
Deputy Secretary to  the  Government of  India

F.No.354/179 /2002-TRU