Notification No. 116/2003, Dated 24th July 2003

24th July, 2003.

Notification No. 116 / 2003 - Customs 

WHEREAS in the matter of import of Strontium carbonate, falling under tariff item 2836 92 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 15th November, 2000, had come to the conclusion that -

(a)

Strontium carbonate, in all forms, originating in, or exported from, the People’s Republic of China, had been exported to India below its normal value;

(b)

the domestic industry had suffered material injury by way of decline in its market share and financial losses due to depressed net sales realization on account of price depression caused by low landed prices of the dumped Strontium carbonate; 

(c)

the injury had been caused to the domestic industry by dumping of Strontium carbonate originating in, or exported from, the People’s Republic of China;

            AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Strontium carbonate vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 154/2000–Customs, dated the 26th December, 2000, [G.S.R. 934(E), dated the 26th December, 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th December, 2000; 

            AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 15th June, 2001 had come to the conclusion that -

(a)

Strontium Carbonate, in all forms, originating in, or exported from, the People’s Republic of China had been exported to India below its normal value;

(b)

the domestic industry had suffered material injury by way of decline in its market share and financial losses due to depressed net sales realization on account of price depression caused by low landed prices of the dumped Strontium carbonate;

(c)

the injury had been caused by dumping of Strontium carbonate, originating in, or exported from, the People’s Republic of China;

            AND WHEREAS on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed an anti-dumping duty on Strontium carbonate vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.70/2001-Customs, dated the 26th June, 2001, [G.S.R. 462(E), dated the 26th June, 2001], published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 26th June, 2001; 

            AND WHEREAS the designated authority, vide its final findings in mid-term review, notification No.18/1/2000-DGAD dated the 20th June, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th June, 2003 has come to the conclusion that –

a)

Strontium carbonate originating in, or exported from, the People’s Republic China has not caused any injury to the domestic industry of India during the period of investigation;

b)

the domestic industry has not suffered any material injury from imports from the People’s Republic of China during the period of investigation;

c)

cessation of existing anti-dumping duty on imports of Strontium carbonate is not likely to lead to continuation or recurrence of injury to the domestic industry;

and has recommended discontinuation of the anti-dumping duty imposed on imports of Strontium carbonate originating in or exported from the People’s Republic of China; 

            NOW, THEREFORE, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 23 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 hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.70/2001-Customs, dated the 26th June, 2001, [G.S.R. 462(E), dated the 26th June, 2001], published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 26th June, 2001, except as respects things done or omitted to be done before such rescission. 

G. S. Karki
Under Secretary to the Government of India

F.No.354/202/2000-TRU(Pt.II)

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