Notification No. 92/2003-Cus Dated 11-06-2003

Imposition of Anti-dumping duty on Ferro Silicon, originated in, or exported from, South Africa or Macedonia- WHEREAS in the matter of import of Ferro Silicon, falling under tariff item 7202 21 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, South Africa or Macedonia ( hereinafter referred to as the subject countries) and imported into India, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th July, 2002, had come to the conclusion that -

(a) Ferro silicon or product under consideration had been exported to India from the subject countries below normal value;

(b) the Indian industry had suffered material injury;

(c ) the injury had been caused by the dumped imports from the subject countries;

and had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of ferro silicon originating in, or exported from, the subject countries;

AND WHEREAS 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. 78/2002-Customs, dated the 13th August, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 13th August, 2002 [G.S.R. 556(E), dated the 13th August, 2002];

AND WHEREAS, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 9th April, 2003, has come to the conclusion that-

(a) Ferro silicon has been exported to India from South Africa and Macedonia below its normal value;

(b) the Domestic industry had suffered material injury;

(c) the material injury had been caused cumulatively by the dumped imports from the subject countries/ territory;

and has considered it necessary to impose definitive anti-dumping duty on all imports of ferro silicon from subject countries in order to remove the injury to the domestic industry;

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) read with sub-section (5) of section 9A of the said Customs Tariff Act, and 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, on the basis of the aforesaid final findings of the designated authority, hereby imposes on ferro silicon, falling under tariff item 7202 21 00 of the First Schedule to the Customs Tariff Act, originating in, or exported from, the country or territory specified in column (2) of the Table given below, when exported by producer or exporter specified in the corresponding entry in column (3) of the said Table, and imported into India, an anti-dumping duty which is equal to the difference between the amount specified in the corresponding entry in column (4) of the said table and the landed value of such imported ferro silicon per metric tonne.

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e., the 13th August, 2002, and shall be payable in Indian currency.

Explanation. - For the purposes of this notification,

(a) 'landed value' means the assessable value as determined under the Customs Act, 1962 (52 0f 1962) and includes all duties of customs except duties under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act, 1975;

(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 by the Board 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.