Notification No. 69/2000, Dated 19th May 2000

This Notification imposes Anti-Dumping duty on Metallurgical Coke (Metacoke) originating in, or exported from China PR.

19th May. 2000

Notification No.69 /2000-Customs

            WHEREAS in the matter of import of Metallurgical coke (hereinafter referred to as "Metcoke") falling under Chapter 27 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, China PR, the Designated Authority vide its preliminary findings, published in Part I, Section 1 of the Gazette of India Extraordinary, dated the 20th March, 1998 had come to the conclusion that -

(i) Metcoke originating in, or exported from, China PR has been exported to India below normal value, resulting in dumping;

(ii) the Indian industry has suffered material injury; and (iii) the injury has been caused cumulatively by the imports from the subject country;

AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification No. 22/98-Customs, dated the 6th May,1998, published in Part II, Section 3, Subsection (i) of the Gazette of India Extraordinary, dated the 6th May, 1998 ;

AND WHEREAS the Designated Authority vide its findings published in Part I, Section 1 of the Gazette of India Extraordinary, dated the 27th August, 1998 has arrived at the final findings that -

(i) Metcoke originating in, or exported from, China PR has been exported to India below its normal value;

(ii) the domestic industry has suffered material injury; and 

(iii) injury has been caused to the domestic industry by the dumping of the subject goods originating in, or exported from, China PR;

AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification No. 81/98-Customs, dated the 27th October.1998 [G.S.R. 644 (E), dated the 27th October.1998], published in Part II. Section 3, Sub-section (i) of the Gazette of India Extraordinary, dated the 27th October, 1998 ;

AND WHEREAS the Customs, Excise and Gold Control Appellate Tribunal in its final order Nos. 6 to 15/2000 - AD dated 21st January.2000 has inter-alia held that all imports of Metcoke exported from or originating in the Peoples Republic of China to India may be subjected to anti dumping duties at the following rates as indicated against each exporter;

and that subject to these modifications, the final findings dated 27th August, 1998 of the Designated Authority are confirmed and that the corrigendum dated 2nd September, 1998 is set aside.

AND WHEREAS the Designated Authority has accepted the above judgment of the Customs, Excise and Gold Control Appellate Tribunal

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A read with sub-section (6) of section 3 of the said Customs Tariff Act and sub- section (1) of section 25 of the Customs Act, 1962(52 of 1962), and in supersession of the notification of the Government of India in the Ministry of Finance( Department of Revenue) No. 81/98-Customs, dated the 27th October.1998 [G.S.R. 644 (E), dated the 27th October,! 998], except as respects things done or omitted to be done before such supersession, the Central Government hereby imposes on metcoke falling under heading No. 27.04 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, China PR and imported into India, by the exporters mentioned in column(2) of the Table hereto annexed, an anti-dumping duty of an amount equivalent to the rate indicated in cohimn(3) of the said Table, converted into Indian currency with reference to the rate of exchange as in force on the date on which a bill of entry is presented under section 46 of the said Customs Act, 1962(52 of 1962)

Nothing contained in this notification shall apply to imports of metcoke by a manufacturer of pig iron or steel using a blast furnace if he follows the procedure set out in the Customs( Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996.

Explanation:- For the purposes of this notification, the expression " rate of exchange" shall mean the rate of exchange notified by the Central Government under sub-clause (i) of clause (a) of sub-section(3) of section 14 of the Customs Act, 1962( 52 of 1962).

(Prashant Kumar Sinha)
Under Secretary to the Government of India

F.No. 354/95/98-TRU