Cold Rolled
Stainless Steel Flats - Duty Cuts for US and Japan, Canada, EU Off the Hook
The Current notification 99-customs dated 25 November 2005 supersedes previous notification 134-Customs dated 05 December 2002.
Ntfn 99 Whereas
in the matter of import of
25.11.2005 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.
Table
|
S No. |
Sub- Heading |
Description of goods |
Specifi-cation |
Country of origin |
Country of export |
Producer |
Exporter |
Duty Amount |
Unit of measure-ment |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1 |
7219 31, 7219 32, 7219 33, 7219 34, 7219 35 and 7219 90 |
Cold rolled flat products of stainless steel, of a width 600 mm or
more, whether further processed or not |
All Grades or Series |
United States of America |
Any country |
Any producer |
Any exporter |
445.69 |
Metric tonne |
US $ |
|
2 |
7219 31, 7219 32, 7219 33, 7219 34, 7219 35 and 7219 90 |
Cold rolled flat products of stainless steel, of a width 600 mm or more,
whether further processed or not |
All Grades or Series |
Any country |
United States of America |
Any producer |
Any exporter |
445.69 |
Metric tonne |
US $ |
|
3 |
7219 31, 7219 32, 7219 33, 7219 34, 7219 35 and 7219 90 |
Cold rolled flat products of stainless steel, of a width 600 mm or
more, whether further processed or not |
All Grades or Series |
Japan |
Any country other than United States of America |
Any producer |
Any exporter |
305.00 |
Metric tonne |
US $ |
|
4 |
7219 31, 7219 32, 7219 33, 7219 34, 7219 35 and 7219 90 |
Cold rolled flat products of stainless steel, of a width 600 mm or
more, whether further processed or not |
All Grades or Series |
Any country other than United States of America |
Japan |
Any producer |
Any exporter |
305.00 |
Metric tonne |
US $ |
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.