[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

13th August, 2002

Notification No. 78/2002-Customs

Whereas in the matter of import of Ferro silicon falling under sub-heading 7202.21 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, South Africa and Macedonia ( hereinafter referred to as the subject countries), the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th July, 2002, has come to the conclusion that –

1. Ferro-silicon or product under consideration has been exported to India from subject countries below normal value;

2. the Indian industry has suffered material injury;

3. the injury has been caused by the dumped imports from the subject country.;

and has considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of ferro silicon, originating in, or exported from, the subject countries;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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, on the basis of the above findings of the designated authority, hereby imposes on Ferro silicon falling under sub-heading 7202.21 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country specified in column ( 2) of the Table annexed hereto, when exported by exporter specified in the corresponding entry in column ( 3) of the said Table, and imported into India, an anti-dumping duty at the rate which is equivalent to the difference between the amount specified in the corresponding entry in column (4) of the said Table and the landed value of such imported ferro silicon per metric tonne.

TABLE

S. No.

Name of the Country

Name of the exporter

Amount (US$/Metric Tonne)

(1)

(2)

(3)

(4)

1.

South Africa

All exporters

731.59

2.

Macedonia

All exporters

731.59

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 12th day of February, 2003 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 sections 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 & Company Affairs (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 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.

F. No. 354/132/2002-TRU

(Vivek Prasad)

Under Secretary to the Government of India

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