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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

5th June , 2002

Notification No. 59/2002-Customs

WHEREAS in the matter of import of graphite electrodes- Ultra High Power grade (of diameters upto and including 24″ ), falling under sub-heading 85.45 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Poland and Brazil, and imported into India, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th May, 2002, has come to the conclusion that –

(i) graphite electrodes- Ultra High Power grade (of diameters upto and including 24″ ) originating in, or exported from, Poland and Brazil have been exported to India below its Normal value, resulting in dumping;

(ii) the Indian industry has suffered material injury;

(iii)  the injury has been caused by imports from Poland and Brazil;

AND WHEREAS the designated authority has considered necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of the graphite electrodes- Ultra High Power grade (of diameters upto and including 24″) originating in, or exported from, Poland and Brazil, and recommended the amount of anti-dumping duty equal to the margin of dumping or less, which if levied, would remove the injury to domestic industry;

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 graphite electrodes-Ultra High Power grade (of diameters upto and including 24″ ), falling under sub-heading 85.45 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries specified in column (2) of the Table hereto annexed, when exported by producers/exporters specified in corresponding entry in column (3), and imported into India, an anti-dumping duty at the rate equivalent to the difference between the corresponding amount mentioned in column (4) of the said Table and landed value of imports of graphite electrodes-Ultra High Power grade (of diameters upto and including 24″ ) in US $ per metric tonne.

Table

Sr.No.

Name of the country

Name of the Producers/Exporters

Amount in US $ per metric tonne

(1)

(2)

(3)

(4)

1.

Poland

All Exporters

2903.71

2.

Brazil

All Exporters

2903.71

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 4th day of December, 2002, and shall be payable 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 (Department of Revenue), issued from time to time, in exercise of powers 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.

Vivek Prasad
Under Secretary to the Government of India

F. No. 354/94/2002-TRU

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Category : Custom Duty (6740)
Type : Notifications (15449) Notifications/Circulars (30862)

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