Seeks to levy anti-dumping duty on the imports of Low Ash Metallurgical Coke originating in or exported from Australia and People’s Republic of China for a period of five years

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No.53/2016-Customs (ADD)

New Delhi, the 25th November, 2016

G.S.R. (E). – Whereas in the matter of “Low Ash Metallurgical Coke” (hereinafter referred to as the subject goods) falling under sub-heading 2704 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in, or exported from, Australia and People’s Republic of China (hereinafter referred to as the subject countries), and imported into India, the designated authority in its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No.14/9/2015-DGAD, dated the 20th October, 2016, has come to the conclusion that–

  • the dumped imports of subject goods from subject countries increased significantly in the Period of Injury as compared to the base year 2011-12;
  • the subject goods have been exported to India from the subject countries below normal values, the dumping margins are positive and significant;
  • the domestic industry suffered material injury on account of subject imports from the subject countries;
  • the material injury has been caused by the dumped imports of subject goods from the subject countries,

and has recommended imposition of definitive anti-dumping duty on the subject goods, originating in, or exported from the subject countries, 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, read with rules 18 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, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under the sub-heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (4), exported from the countries as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (8) in the currency as specified in the corresponding entry in column (10) and as per unit of measurement as specified in the corresponding entry in column (9) of the said Table, namely:-

Sl. No
Sub-heading
Description of goods
Country of origin
Country of export
Producer
Exporter
Amount
Unit of measure ment
Currency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
1
2704 00
Low Ash Metallurgical Coke excluding Metallurgical Coke with  ash    content in excess of 18%.
People’s Republic of China
People’s Republic of China
Any
Any
25.20
Metric Tonne
US
Dollar
2.
2704 00
Low Ash Metallurgical Coke   excluding Metallurgical Coke with ash content  in
excess of 18%.
People’s Republic of China
Any country other than subject countries
Any
Any
25.20
Metric Tonne
US
Dollar
3.
2704 00
Low Ash Metallurgical Coke excluding Metallurgical             Coke with ash content in excess of 18%.
Any country other than subject countries
People’s Republic of China
Any
Any
25.20
Metric Tonne
US
Dollar
4.
2704 00
Low Ash Metallurgical Coke excluding Metallurgical Coke with ash content in
excess of 18%.
Australia
Australia
Any
Any
16.29
Metric Tonne
US
Dollar
5.
2704 00
Low Ash Metallurgical Coke  excluding Metallurgical             Coke with ash content in excess of 18%.
Australia
Any country other than subject countries
Any
Any
16.29
Metric Tonne
US
Dollar
6.
2704 00
Low Ash Metallurgical Coke excluding Metallurgical Coke with ash content in
excess of 18%.
Any country other than subject countries
Australia
Any
Any
16.29
Metric Tonne
US
Dollar

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be paid in Indian currency.

Explanation.- For the purposes of this notification, rate of exchange applicable for 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 by 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.

[F.No.354/1 93/201 6-TRU]

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