Notification No. 99/2001, Dated 3rd Oct 2001

 3^rd October, 2001

Notification No. 99 / 2001-Customs

                WHEREAS in the matter of import of white portland cement falling under sub-heading No. 2523.21 of the First Schedule to the Customs Tariff Act, 1975( 51 of 1975), originating in, or exported from, the UAE and Iran and imported into India, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22^nd February, 2001, had come to the conclusion that-

(a) White cement has been exported to India from UAE and Iran below its normal value ;

(b) the Indian industry has suffered injury and is being threatened with further 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 64/2001-Customs dated 14^th June 2001, published in the Gazette of India, Extraordinary Part II , Section 3, Sub section (i) vide G.S. R 435 (E) dated the 14^th June , 2001;

AND WHEREAS the designated authority vide its final findings , published in the Gazette of India, Extraordinary Part I, Section 1, dated the 30^th August, 2001 has come to the conclusion that-

(a)	white Cement has been exported to India from UAE and Iran below its normal value
(b)	the Indian industry has suffered injury and is facing threat of more injury; and
(c)	the injury has been caused by the dumped imports from subject countries.

            AND WHEREAS M/s. Ras Al Khaimah Co. for White Cement & Construction Materials, UAE , have given an undertaking under rule 15 of the Customs Tariff ( Identification, Assessment and Collection of Anti dumping duty on Dumped Articles and for Determination of Injury) Rules, 1995 with respect to their exports of white cement to India, on the following three conditions , namely –

a) the Cost Insurance Freight price shall not be less than US$ 100 per MT ;
b) the imports shall be through the Ports of Chennai, Tuticorin, Cochin, Mumbai and Kandla ;
c) the payment shall be made by Letter of Credit payable within 30 days from date of Bill of Lading,

            AND the Designated Authority has accepted the aforesaid undertaking given by Ms Ras Al Khaimah Co. for White Cement & Construction Materials, UAE;

            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 rules 18 and 20 of the said Customs Tariff ( Identification, Assessment and Collection of Anti dumping duty on Dumped Articles and for Determination of Injury) Rules, the Central Government, on the basis of the final findings of the designated authority, hereby imposes on white portland cement falling under sub-heading No. 2523.21 of the said Customs Tariff Act, originating in or exported from the countries specified in column(1) of the Table annexed hereto, by the exporters specified in column(2) of the said Table, and imported into India, an anti-dumping duty at the rates specified in column(3) of the said Table.

TABLE

            Provided that an anti dumping duty shall be imposed on white portland cement falling under sub-heading No. 2523.21 of the said Customs Tariff Act, when exported by M/s. Ras Al Khaimah Co. for White Cement & Construction Materials, UAE if –

a) the Cost Insurance Freight price is less than US$ 100 per MT ; or
b) the imports are not through the ports of Chennai, Tuticorin, Cochin, Mumbai and Kandla ; or
c) the payment is not by Letter of Credit payable within 30 days from the date of Bill of Lading,

in terms of the undertaking given to the designated authority by the said M/s. Ras Al Khaimah Co. for White Cement & Construction Materials, UAE.

2.            The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of provisional duty i.e 14^th June 2001 and shall be payable in Indian currency.

Explanation:- For the purposes of this notification, 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 Customs Act, 1962( 52 of 1962) 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.

G.D. Lohani
Under Secretary to the Government of India

F.No. 354/ 27/2001-TRU