Notification No. 134/2002, Dated 5th Dec 2002

5^th December, 2002

Notification No. 134 /2002-Customs 

            WHEREAS  in the matter of import of Cold Rolled Flat Products of stainless steel, of a width of 600 mm or more, whether further processed or not, of all grades/series, 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, the Designated Authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th  November, 2001,  had come to the conclusion that-

(a)	Cold Rolled Flat Products of stainless steel, of a width of 600 mm or more, whether  processed or not, of all grades/series, originating in, or exported from, the European Union, Japan, Canada and the United States of America had been exported to India below normal value, resulting in dumping;
(b)	the  domestic  industry had suffered injury;
(c)	injury had been caused by imports from the subject countries/territory;

and the Designated Authority had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of said Cold Rolled Flat Products,  originating in, or exported from, the European Union, Japan, Canada and the Unites States of America;                

                AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government had imposed provisionally an anti-dumping duty vide notification No. 132/2001-Customs, dated the 28th December, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 28th December, 2001 vide No. G.S.R.627 (E), dated the 28th December, 2001; 

                AND WHEREAS, the Designated Authority, vide its final findings, 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 14th November, 2002, has come to the conclusion that-

(a)     Cold Rolled Flat Products of stainless steel originating in, or exported from, the European Union, Japan, Canada and the Unites States of America 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/territory;               

                AND WHEREAS, the Designated Authority has proposed to impose definitive anti-dumping duty, on all imports of  the said goods,  originating in, or exported  from, the European Union, Japan, Canada and the United States of America; 

                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 Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the above findings of the Designated Authority, hereby imposes, on 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, 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 Unites States of America, when exported by any exporter or producer, and imported into India, an anti-dumping duty at the rate which shall be calculated as the difference between the corresponding amount mentioned in column (5) of the said Table and the landed value of said imported  goods in US $ per metric tonne. 

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 28th December, 2001, and shall be payable in Indian currency.  

Provided that in the case of export of-

(i)                  304, 316 and 430 grades of said goods by M/s Acerinox S.A, Spain;

(ii)                420J1 grade of said goods by M/s Kawasaki Steel Corporation and M/s Kawasaki Steel Corporation in conjunction with Kawasho Corporation, Sumitomo Corporation and Nikko Boeki Kaisha Limited etc.; and

(iii)               CrNi and CrNiMO grades of said goods by M/s ALZ nv, Belgium,  

the anti dumping duty imposed under this notification shall be  effective from the date of issue of   this notification in the Official Gazette.  

Explanation. - For the purposes of this notification,-  

(a)     “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;  

(b)     “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 under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 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.  

Vivek Prasad
Under Secretary to the Government of India

F.No.354/201/2002-TRU