Seamless Tubes or Pipes from Austria, Czech Republic and others - Final Findings

Ntfn 78         WHEREAS in the matter of import
17.07.2001   of seamless tubes or seamless
                     pipes falling under heading or sub-heading Nos. 7304 11 or 7304 19 and 7304.39 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Austria, Czech Republic, Russia, Romania and Ukraine, the designated authority vide its final findings, dated the 19^th May, 2000, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19^th May, 2000, had come to the conclusion that –

(a) Seamless tubes originating in, or exported from, the subject countries have been exported to India below normal value, resulting in dumping;

(b) the domestic industry has suffered injury;

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. 91/2000-Customs, dated the 21^st June, 2000 [G.S.R. 546 (E), dated the 21^st June, 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 21^st June, 2000;

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT), in its Final Order No. 2-3/2001-AD dated the 13^th March, 2001 in Appeal No. C/331/2000-AD & C/364/2000-AD in the matter of M/s Volzhsky Pipe Plant, and Association of Seamless Tubes Manufacturers vs Designated Authority, has ordered modification of the anti-dumping duties imposed vide said notification No. 91/2000-Customs, dated the 21^st June, 2000;

AND WHEREAS the designated authority has accepted the above order of the CEGAT dated the 13^th March, 2001;

Now, therefore, in exercise of the powers conferred by sub-section (1) and sub-section (8) 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. 91/2000-Customs, dated the 21^st June, 2000 [G.S.R. 546 (E), dated the 21^st June, 2000], the Central Government hereby imposes on all imports of the categories and grades mentioned in columns (4) and (5) respectively of the Table annexed hereto, of dumped hot-finished line pipes and boiler pipes of iron ( other than cast iron) or non-alloy steel and casing and tubing of alloy and non-alloy steel falling under sub-heading Nos. 7304 11 or 7304 19. 7304 24 00 or 7304 29 and 7304.39 of the First Schedule to the said Customs Tariff Act of dimensions (OD) ranging from (i) 21.30 mm to 273 mm or 10 inches NB for line and boiler pipes, (ii) 38.1 mm to 244.5 mm or 9 5/8 inches for casing and tubing, originating in, or exported from, the countries mentioned in column (2) of the said Table, when exported by the exporters mentioned in column (3) of the said Table, at a rate which is equivalent to the difference between the amount mentioned in the corresponding entry in column (6) of the said Table and the landed value of imports.

Table

SNo	Country	Exporter	Category of Seamless Pipe	Grade	Amount in US$ per MT
(1)	(2)	(3)	(4)	(5)	(6)
1.	Russia	1. Volzhsky Pipe Plant 2. Volzhsky Pipe Plant, the manufacturer, and M/s Mitsui & Co. Ltd., Tokyo, the exporter 3. All other exporters of all categories of seamless pipes/ tubes as described in the above paragraph	Casing pipe Casing pipe All types of Seamless pipes as described in the above paragraph	N-80 L-80 P-110 L-80	757 757 1001
2.	Romania	1. Petrotub S. A. 2. Silcotub S. A. 3. All other exporters of all categories of seamless pipes/ tubes as described in the above paragraph	Line Pipe and Casing Pipe All other pipes Boiler Pipe Line Pipe All other pipes All types of seamless pipes as described in the above paragraph		Nil 1001 945 Nil 1001 1001
3.	Austria	All exporters of all categories of seamless pipes/tubes as described in the above paragraph	All types of seamless pipes as described in the above paragraph		1001
4.	Czech Republic	All exporters of all categories of seamless pipes/tubes as described in the above paragraph	All types of seamless pipes as described in the above paragraph		1001

2. The anti-dumping duty shall be paid in Indian currency.

Explanation.- For the purposes of this notification,-

(i) landed value of imports for the purpose shall be the assessable value as determined under the Customs Act, 1962 (52 of 1962) and all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(ii) 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 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.

[HS Code Amended by 122/30.12.2006]