Ferro Silicon from Russian, China and Iran - Final Findings

Ntfn 67         Whereas in the matter of import of
25.06.2001   Ferro Silicon falling under sub-
                     heading No. 7202.21 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Russia, China and Iran, the Designated Authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st November, 2000, had come to the conclusion that -

(i)   ferro-silicon, originating in, or exported from, Russia and China has been exported to India below normal value, resulting in dumping;

(ii)  the domestic industry has suffered injury;

(iii) injury has been caused by 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, Russia and China;

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. 152/2000-Customs, dated the 26th December, 2000, [G.S.R. 932 (E) dated the 26th December, 2000] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th December, 2000;

And Whereas the Designated Authority vide its final findings, dated the 28th May, 2001, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th May, 2001, has come to the conclusion that -

(i)   Ferro-silicon originating in or exported from Russia and China has been exported to India below normal value, resulting in dumping;

(ii)  The domestic industry has suffered injury;

(iii) injury has been caused by imports from the subject countries,

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 Chapter 72 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, countries specified in column (2) of the Table annexed hereto, when exported by exporters mentioned against the corresponding country in column (3) of the said Table, and imported into India, an anti-dumping duty at the rate which is equivalent to the difference between the corresponding amount mentioned in column (4) of the said Table and the landed value of such imported Ferro Silicon per metric tonne.

Table

SNo

Country

Name of the producer/ exporter

Amount (US$ per metric tonne)

(1)

(2)

(3)

(4)

1.

Russia

All exporters/producers

764

2.

Peoples Republic of China

All exporters/producers

764

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of the imposition of the provisional duty, i.e. the 26th December, 2000; and shall be paid 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 of 1962) and includes all duties of Customs except duties levied under section 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 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 said Customs Act and the relevant date for 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.