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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

12th September, 2001

Notification No. 93/2001-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, Nepal, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th August, 2001 has come to the conclusion that –

(a) Zinc Oxide, in all forms, originating in, or exported from, Nepal, 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 zinc oxide , in all forms, from Nepal leading to financial losses;
(c) the injury has been caused to the domestic industry by dumping of zinc oxide , in all forms, originating in, or exported from Nepal;

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 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, Nepal, by exporters/producers specified in column (2) of the Table given below, and imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (3) of the said Table.

Table

Sr.No.

Name of the exporter/producer

Amount of duty (US $ per metric tonne)

(1)

(2)

(3)

1

M/s Pashupati Oxide Udyog, Sonapur

175.74

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2

M/s Asian Metals, Birat Nagar

167.95

3

M/s Pashupati Metal Industries, Birat Nagar

296

4

M/s Swastik Metal Industries, Birat Nagar

43.57

5

M/s Unnat Industries (P) Ltd.

Nil

6

M/s Shree Pashupati Rasayanik Udyog (P) Ltd.

Nil

7

Other exporters/producers

296

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 11th day of March, 2002, 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.

Illustration.- The rate of provisional anti-dumping duty on Zinc Oxide of 49.75% purity, exported by M/s Pashupati Oxide Udyog, Sonapur shall be calculated as 50% of US $ 175.74 per metric tonne, i.e. US$ 87.87 per metric tonne.

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.

G.D.Lohani
Under Secretary to the government of India

F.No.354/151/2001-TRU

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