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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

21st January, 2004.

Notification No. 23/2004-Customs

In exercise of the powers conferred by sub-section (1) of section 9A read with sub-section (6) of section 3 of the Customs Tariff Act, 1975 (51 of 1975), and sub section (1) of section 25 of the Customs Act, 1962 (52 of 1962) and in supersession of notification of Government of India in the Ministry of Finance (Department of Revenue) No. 81/1998, dated the 27th  October, 1998 [ G.S.R. 644 (E), dated the 27th  October, 1998], the Central Government imposed on metallurgical coke falling under heading 27.04 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, People’s Republic of China, anti-dumping duty vide notification No.69/2000-Customs, dated the 19th May, 2000 [ G.S.R. 466 (E), dated 19th May, 2000];

 AND WHEREAS in the said matter of import of Metallurgical Coke (hereinafter referred to as the subject goods), falling under heading 2704  of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from China PR (hereinafter referred to as the subject country), the designated authority vide its findings notification No.14/13/2002-DGAD, dated the 5th November, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th November, 2003 has come to the conclusion that –

(a)

the subject goods originating in or exported from the subject country have been exported to India below the normal value, resulting in dumping;

(b)

the designated authority has constructed the normal value of metallurgical coke in People’s Republic of China based on the information furnished by the exporters and the information available with the designated authority in view of incomplete and insufficient response by the exporters/producers from People’s Republic of China in spite of specific request for information;

(c)

the injury has been caused by imports of the subject goods from the subject country. The designated authority is of the opinion that cessation of the existing anti-dumping duty on the subject goods may cause recurrence of dumping of the subject goods from the subject country into India;

(d)

it is considered necessary to continue definitive anti-dumping duty on imports of subject goods originating in or exported from subject country;

(e)

the designated authority recommends imposition of definitive anti-dumping duty on all imports of metallurgical coke originating in or exported from the People’s Republic of China. The anti dumping duty shall be the difference between US$ 119.13 and the landed price of imports per MT.,

and has recommended imposition of anti-dumping duty, on imports of the subject goods, originating in, or exported from the subject country;

Now, therefore , in exercise of the powers conferred by sub-section (1) and first proviso to sub-section (5) of section 9A of the said Customs Tariff Act, the Central Government, on the basis of the aforesaid findings of the designated authority, hereby imposes (by way of extending the period of imposition of anti-dumping duty) on the goods, the description of which is specified in column (3) of the Table below, falling under heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in the corresponding entry in column (4) of the said Table, originating in the country as specified in the corresponding entry in column (5) , and produced by the producer as specified in the corresponding entry in column (7), when exported from the country as specified in the corresponding entry in column (6), by the exporter as specified in the corresponding entry in   column (8), and imported into India, an anti-dumping duty equal to the difference between amount the specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods expressed in like currency per like unit of measurement.

Table

Sr.
No.
Heading
Description of goods
Specification
Country of origin
Country of export
Producer
Exporter
Amt
Unit of measure
ment
Curr
ency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
1.
2704
Metallurgical Coke
Low Ash Metallurgical Coke with Ash content less than 15%
People’s Republic of China
People’s Republic of China
Shanghai Cooking Chemical Corporation
Any
119.13
Metric tonne
US Dollar
2.
2704
Metallurgical Coke
Low Ash Metallurgical Coke with Ash content less than 15%
People’s Republic of China
Any country except People’s Republic of China
Shanghai Cooking Chemical Corporation
Any
119.13
Metric tonne
US Dollar
3.
2704
Metallurgical Coke
Low Ash Metallurgical Coke with Ash content less than 15%
Any country except People’s Republic of China
People’s Republic of China
Shanghai Cooking Chemical Corporation
Any
119.13
Metric tonne
US Dollar
4.
2704
Metallurgical Coke
Low Ash Metallurgical Coke with Ash content less than 15%
People’s Republic of China
People’s Republic of China
Any producer except Shanghai Cooking Chemical Corporation
Minmetals Townlord Technologies Co. Ltd., Beijing, Sinochem International Co. Ltd., Shanghai ,CNC Coke and Chemicals Ltd.,China Metallurgical Import and Export Hebei Company, China North Industries Corporation and Shanxi Minmetals Industrial and Trading Co. Ltd.
119.13
Metric tonne
US Dollar
5.
2704
Metallurgical Coke
Low Ash Metallurgical Coke with Ash content less  China  PR than 15%
People’s Republic of China
Any country except People’s Republic of China
Any producer except Shanghai Cooking Chemical Corporation
Minmetals Townlord Technologies Co. Ltd., Beijing, Sinochem International Co. Ltd., Shanghai ,CNC Coke and Chemicals Ltd.,China Metallurgical Import and Export Hebei Company, China North Industries Corporation and Shanxi Minmetals Industrial and Trading Co. Ltd.
119.13
Metric tonne
US Dollar
6.
2704
Metallurgical Coke
Low Ash Metallurgical Coke with Ash content less than 15%
Any country except People’s Republic of China
People’s Republic of China
Any producer except Shanghai Cooking Chemical Corporation
Minmetals Townlord Technologies Co. Ltd., Beijing, Sinochem International Co. Ltd., Shanghai ,CNC Coke and Chemicals Ltd.,China Metallurgical Import and Export Hebei Company, China North Industries Corporation and Shanxi Minmetals Industrial and Trading Co. Ltd.
119.13
Metric tonne
US Dollar
7.
2704
Metallurgical Coke
Low Ash Metallurgical Coke with Ash content less than 15%
People’s Republic of China
People’s Republic of China
Any producer except Shanghai Cooking Chemical Corporation
Any exporter except Minmetals Townlord Technologies Co. Ltd., Beijing, Sinochem International Co. Ltd., Shanghai ,CNC Coke and Chemicals Ltd.,China Metallurgical Import and Export Hebei Company, China North Industries Corporation and Shanxi Minmetals Industrial and Trading Co. Ltd.
119.13
Metric tonne
US Dollar
8.
2704
Metallurgical Coke
Low Ash Metallurgical Coke with Ash content less than 15%
People’s Republic of China
Any country except China  PR
Any producer except Shanghai Cooking Chemical Corporation
Any exporter except Minmetals Townlord Technologies Co. Ltd., Beijing, Sinochem International Co. Ltd., Shanghai ,CNC Coke and Chemicals Ltd.,China Metallurgical Import and Export Hebei Company, China North Industries Corporation and Shanxi Minmetals Industrial and Trading Co. Ltd.
119.13
Metric tonne
US Dollar
9.
2704
Metallurgical Coke
Low Ash Metallurgical Coke with Ash content less than 15%
Any country except People’s Republic of China
People’s Republic of China
Any producer except Shanghai Cooking Chemical Corporation
Any exporter except Minmetals Townlord Technologies Co. Ltd., Beijing, Sinochem International Co. Ltd., Shanghai ,CNC Coke and Chemicals Ltd.,China Metallurgical Import and Export Hebei Company, China North Industries Corporation and Shanxi Minmetals Industrial and Trading Co. Ltd.
119.13
Metric tonne
US Dollar

2.  Nothing contained in this notification shall apply to imports of metallurgical coke-

(a) by a manufacturer of pig iron or steel using a blast furnace; or
(b) by a manufacturer of steel using COREX technology; or
(c) by a manufacturer of pig iron using COREX technology; or
(d) by a manufacturer of ferro alloys,

            if he follows the procedure set out in the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996

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, issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 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. S. Karki
Under Secretary to the Government of India

F.No.354/129/2003-TRU

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