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The matter of import of Sports Shoes, non-leather sports footwear (hereinafter referred to as ‘the subject goods’), falling under sub-heading Nos. 6402.12, 6402.19, 6403.12, 6403.19, 6404.11, 6405.20 or 6405.90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the Designated Authority vide its preliminary findings.
Dry Cell Batteries of Chinese origin have been exported to India below their normal value; the Indian industry has suffered material injury and is being threatened with further injury; the injury has been caused by the dumped imports from China; and has considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of primary pencil cells and primary batteries of R6 (AA) size.
I am directed to invite your attention to Board’s Circular F.No.512/91/93-CUS.VI, dated 18th May 1994 regarding the duty payable on excisable goods cleared from 100% Export Oriented Units/ Units in the Export Processing Zone into the Domestic Tariff Area (DTA). A copy of the Circular is enclosed for ready reference. Subsequently, another Circular was issued vide F.No.345/12/99-TRU, dated 24-9-1999 (copy enclosed), suggesting a method for computing excise duty payable on the DTA clearances of EOU/EPZ units. As the instructions contained in the two Circulars referred to above were not in harmony with each other, a doubt has been raised as to the correct method of calculation of duty for such DTA clearances of EOUs/EPZ units.
During deliberations in the DEPB Committee, it was noticed that certain field formations are assessing DEPB shipping bills for certain products which are not squarely covered under the relevant DEPB rate entries, and are assessing such shipping bills by splitting the FOB value into two or more elements by costing method or otherwise, and granting DEPB credit in regard to the value of that element which gets covered by the DEPB rate entry.
The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 16/2000-Customs, dated the 1st March, 2000 [G.S.R. 168 (E), dated the 1st March, 2000] and was last amended by notification No. 2/2001 – Customs, dated the 8th January, 2001 [G.S.R. 12 (E), dated the 8th January, 2001].
In exercise of powers conferred by sub-section (1) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), 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 hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.46/99-Customs, dated the 29th day of April, 1999.
The designated authority vide notification published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 16th day of March, 2000, had initiated review in the matter of continuation of anti-dumping duty on 3,4,5 Trimethoxy Benzaldehyde originating in, or exported from, the People’s Republic of China, imposed vide notification No.46/99-Customs, dated the 29th April, 1999 [G.S.R.293(E), dated the 29th April, 1999].
On the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 134/99-Customs, dated the 27th December, 1999, [G.S.R. 824(E), dated the 27th December, 1999] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th December, 1999.
In the matter of import of Sodium Ferrocyanide, falling under sub-heading No. 2837.20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from the European Union, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd January, 2001, has come to the conclusion.
That the importer produces before the Deputy Commissioner or the Assistant Commissioner of Customs, as the case maybe, within three months from the date of importation of the said goods or within such extended period as the said officer may allow, a certificate from the District Magistrate of the affected area in the State of Gujarat that the said goods have been donated for use for the aforesaid purpose.