Notification No. 99/2005-Cus Dated 25-11-2005

Imposition of Anti-dumping duty on specified Cold Rolled Flat Products of stainless steel, originating in, or exported from the European Union, Japan, Canada and the United States of America.-Whereas in the matter of import of Cold Rolled Flat Products of stainless steel, of a width of 600 mm or more, whether further processed or not, of all grades or series (hereinafter referred to as the subject goods), classified under sub-headings 7219 31, 7219 32, 7219 33, 7219 34, 7219 35 and 7219 90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from the European Union, Japan, Canada and the United States of America (hereinafter referred to as the subject countries), the Designated Authority vide its final findings No. 24/1/2001-DGAD, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st October, 2002, read with the corrigendum published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th November, 2002, had come to the conclusion that :-

(a) Cold Rolled Flat Products of stainless steel originating in, or exported from, the subject countries had been exported to India below normal value, resulting in dumping;

(b) the domestic industry had suffered injury;

(c) injury suffered by the domestic industry is on account of the dumped imports from the subject countries or territory;

and recommended imposition of definitive anti dumping duty on all imports of the said goods, originating in, or exported from the subject countries.

And whereas on the basis of the aforesaid final findings of the designated authority, read with the aforesaid corrigendum, the Central Government had imposed anti-dumping duty on imports of the subject goods, classified under sub-headings 7219 31, 7219 32, 7219 33, 7219 34, 7219 35 and 7219 90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from the subject countries, vide notification No. 134/2002-Customs dated the 5th December, 2002 [G.S.R. 804(E) dated the 5th December, 2002], published in part II, section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 5th December, 2002.

And whereas the designated authority vide its notification No. 15/16/2004-DGAD dated the 14th September, 2004, had initiated a midterm review in the matter of continuation of anti-dumping duty on imports of the subject goods from the subject countries.

And whereas the designated authority in its mid-term review findings published in Part I, Section 1 of the Gazette of India, Extraordinary, vide notification No. 15/16/2004-DGAD dated the 13th September, 2005, read with amendment dated the 3rd November, 2005, has concluded that :-

(i) the subject goods have been found to be exported from subject countries to India below their normal value resulting in dumping;

(ii) the domestic industry continues to suffer material injury;

(iii) due to the likelihood of recurrence of injury to the domestic industry as a result of the continued dumping, the anti dumping duty may continue to remain imposed;

(iv) due to the negative injury margin in respect of imports from the European Union and Canada, the anti dumping duty on the European Union and Canada may be withdrawn and anti dumping duty may remain in force in respect of the United States of America and Japan.

and has recommended continuation of anti-dumping duty at new rates on imports of Cold Rolled Flat Products of stainless steel from the United States of America and Japan.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act, read with rule 23 of the 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. 134/2002-Customs dated the 5th December, 2002 [G.S.R 804(E), dated the 5th December, 2002], except as respects things done or omitted to be done before such supersession, the Central Government, on the basis of the aforesaid mid-term review findings of the designated authority, read with the aforesaid amendment, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under sub-headings 7219 31, 7219 32, 7219 33, 7219 34, 7219 35 and 7219 90 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 column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate 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.

2. The anti-dumping duty imposed under this notification shall be effective from the date of issue of this notification in the Official Gazette and shall be payable in Indian currency.

Explanation. - For the purposes of this notification, “rate of exchange” applicable for the purposes of calculation of 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 conferred under sub-clause (i) of clause (a) of sub-section (3) of 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.