Notification No. 21/2013-Customs (ADD)
New Delhi, dated the 6th September, 2013
G.S.R. 600 (E). – Whereas, the designated authority, vide its notification No. 15/4/2011-DGAD, dated the 2nd May, 2012, published in Part I, Section I of the Gazette of India, Extraordinary, dated the 2nd May, 2012, had initiated a review in the matter of continuation of anti-dumping on imports of Zinc Oxide (hereinafter referred to as the subject goods) falling under tariff items 2817 0010 or 3812 3030 of the First Schedule to the Customs Tariff Act 1975, (51 of 1975), originating in, or exported from, the Peoples Republic of China (hereinafter referred to as the subject country), imposed vide notification of Government of India, in the Ministry of Finance (Department of Revenue), No. 64/2007 dated the 7th May, 2007 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R. No. 329 (E), dated the 7th May, 2007.
And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject country up to and inclusive of the 6th of May, 2013 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 27/2012 –Customs (ADD) dated the 18th May, 2012, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R No. 374(E), dated the 18th May, 2012.
And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from the subject country, the designated authority vide its final findings, No. 15/4/2011-DGAD dated the 25th June, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th June, 2013, has come to the conclusion that –
(i) the subject goods are likely to enter the Indian market at dumped prices, should the present measures be withdrawn;
(ii) even though the domestic industry has improved its performance over the injury period, the injury to domestic industry may occur, should the present anti-dumping duties are withdrawn;
(iii) continuation of the antidumping duty is necessary against subject goods originating in or exported from China ; and has recommended continued imposition of the anti-dumping duty against the subject goods, originating in, or exported from, the subject country ;
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 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 tariff heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4), and exported from the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (6), and exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at a rate which is 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 per unit of measurement as specified in the corresponding entry in column (9) of the said Table.
Table
| S. .No | Tariff items | Description of goods | Country of origin | Country of export | Producer | Exporter | Amount | Unit of measurement | Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
10 |
| 1 | 2817 00 10 or
3812 30 30
|
Zinc Oxide all Grades 99.5% purity | People’s Republic of China | People’s Republic of China |
Any |
Any |
430.93 |
MT |
USD |
| 2 | 2817 00 10 or
3812 30 30
|
Zinc Oxide all Grades 99.5% purity | People’s Republic of China | Any country other than People’s Republic of China |
Any |
Any |
430.93 |
MT |
USD |
| 3 | 2817 00 10 or
3812 30 30
|
Zinc Oxide all Grades 99.5% purity | Any country other than People’s Republic of China | People’s Republic of China |
Any |
Any |
430.93 |
MT |
USD |
2. 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.
3. 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. The anti-dumping duty shall be paid 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 the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, under 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.354/30/2001-TRU (Pt-III)]
(Akshay Joshi)
Under secretary to the Government of India
