Notification No. 94/2000, Dated 28th June 2000

28th June, 2000 

Notification No. 94/2000-Customs

            WHEREAS in the matter of import of import of Optical Fibre, falling under sub-heading No. 9001.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Korea RP, the Designated Authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th November, 1999 had come to the conclusion that.

(a) Optical Fibre, originating in, or exported from, Korea RP, has been exported to India below normal value, resulting in dumping;

(b) the Indian industry has suffered material injury;

(c) the injury has been caused cumulatively be the dumped imports from the subject countries;

         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. 136/99-Customs, dated the 29th December, 1999, published in part II, Section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 29th December, 1999;

        AND WHEREAS the Designated Authority vide its final finding published in the Gazette of India, extraordinary, Part I, Section 1, dated the 14th June, 2000 has come to the conclusion that-

(a) Optical Fibre, originating in, or exported from, Korea RP, has been exported to India at a price below the normal value, resulting in dumping;

(b) the domestic industry has suffered material injury;

(c) the injury has been caused to the domestic industry by the dumping of the subject goods originating in or exported from the subject countries;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) thereof, and rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on the 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 Optical Fibre, falling under sub-heading No.9001.10 of the First Schedule to the said Customs tariff Act, originating in, or exported from, Korea RP, and when exported by exporters mentioned in column (1) of the Table annexed hereto, and imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column(2) of the said Table.

2.    The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty i.e. the 29th December, 1999 and shall be payable in Indian currency.

Explanation - For the purposes of conversion of the amount of duty specified in column (2) of the Table above into Indian currency, the "rate of exchange" applicable shall be the rate 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) and in force on the date on which the bill of entry is presented under section 46 of the said Customs Act.