NOTIFICATION No. 77/2000-CUSTOMS dated the 26th May. 2000

Anti Dumping Duty on import of Calcium Carbide

G.S.R. (E):- WHEREAS in the matter of import of Calcium Carbide falling under Chapter 28 of the First Schedule to the Customs Tariff Act, 1975 ( 51 of 1975), originating in or exported from China and Romania, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 24th August, 1998 had come to the conclusion that:-

  1. Calcium Carbide has been exported from China and Romania at a price lower than the normal value, resulting in dumping of Calcium Carbide;

  2. the domestic industry has suffered material injury;

  3. the causal link between dumping and injury has been established;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government has imposed anti-dumping duty vide notification No. 71/98-Customs dated the 8th October, 1998, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 8th October, 1998;

AND WHEREAS the designated authority vide its final findings, published in Part I, Section I of the Gazette of India, Extraordinary, dated the 22nd January, 1999 had come to the conclusion that -

  1. Calcium Carbide has been exported from China and Romania at a price lower than the normal value, resulting in dumping of Calcium Carbide;

  2. the domestic injury has suffered material injury;

  3. the causal link between dumping and injury has been established;

AND WHEREAS on the basis of the aforesaid final findings of the designated authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No-32/99-Customs dated the 11th March, 1999, Published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated tile 11th March, 1999;

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT) in its final order Nos.26-28/2000-AD, dated the 9th February, 2000 in Appeal No.C/160-162/99-AD in the matter of M/s AIIGMA and others vs the Designated Authority, has held that "anti-dumping duty in respect of Calcium Carbide coming from China should be 13.88 US $ per metric tonne and that from Romania must be at the rate of 24.29 US $ per metric tonne. Subject to the above modification regarding dumping duty in US $, the order passed by the Designated Authority is confirmed."

AND WHEREAS the designated authority has accepted the above order of CEGAT dated the 9th February, 2000;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with rules 18 and 20 of Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.32/99-Customs dated the 11th March, 1999 [G.S.R.200(E), dated the 11th March, 1999], except as respects things done or omitted to be done before such supersession, the Central Government hereby imposes on Calcium Carbide, falling under Chapter 28 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, country specified in column (2) of the Table below, and imported into India, an antidumping duty at the rate specified in the corresponding entry in column (3) of the said Table.

TABLE
S.No. Name of the Country/Exporter Amount of duty (US $ per Metric Tonne)
(1) (2) (3)
1. China (All Exporters) 13.88
2. Romania (All Exporters) 24.29


Explanation:-
For the purposes of this notification, the anti-dumping duty shall be paid in Indian currency. The "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 in exercise of the powers under 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.