Notification No.127/2003, Dated 14th Aug 2003

14th August, 2003 

Notification No.127 / 2003 - Customs  

            WHEREAS  in the matter of import of Induction Hardened Forged Rolls also known as Forged Cold Rolling Mills Rolls including work rolls and back up rolls (sizes above 300 mm dia) (hereinafter referred to as “the subject goods”), falling under tariff item 8455 30 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from Russia, Ukraine and Korea RP (hereinafter referred to as “the subject countries”) and imported into India, the designated authority vide its preliminary findings, No. 14/13/2002-DGAD dated the 11th December, 2002 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th December, 2002,  had come to the conclusion that –

(a)	the subject goods, in all forms originating in, or exported from, the subject countries had been exported to India below its normal value;
(b)	the domestic industry had suffered material injury by way of financial losses due to depressed net sales realization on account of price depression passed by low landed prices of the dumped subject goods;
(c)	the injury had been caused to the domestic industry by the dumped imports from the subject countries;  and

had recommended provisional anti-dumping duty,   pending final determination, on all imports of  induction hardened forged rolls  including work rolls and back up  rolls  originating in or exported 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 erstwhile Ministry of Finance & Company Affairs (Department of Revenue), No. 1/2003-Customs, dated the 1st January, 2003 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 1st January, 2003[G.S.R. 1(E), dated the 1st January, 2003];  

                AND WHEREAS, the designated authority, vide its final findings No. 14/3/2002-DGAD dated the 2nd July, 2003,  published in the Gazette of India, Extraordinary, Part I, Section I, dated the  2nd July, 2003,, has come to the conclusion that-

(a)	the subject goods originating in or exported from the subject countries have been exported to India below normal values resulting in dumping;
(b)	the  Indian  domestic  industry has suffered material injury in terms of subject goods produced by it and establishment of the domestic industry is being materially retarded by the dumped imports in as much as the domestic industry is trying to establish itself I the Indian market with new subject product ;
(c)	the injury has been caused   by the imports from the subject countries; and

has considered it necessary to impose definitive anti-dumping duty, on all imports of the subject goods from the subject countries in order to remove the injury to the domestic industry accrued on account of dumping;  

            Now, therefore , in exercise of the powers conferred by sub-section (1)  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 aforesaid findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table,  originating in the countries as specified in the corresponding entry in column (5), and exported from the countries as specified in the corresponding entry in column (6) and produced by the producers as specified in the corresponding entry in column (7) and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the difference between the amount as specified in the corresponding entry in column (9) and the landed value of the goods, in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table

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. 1.1.2003, and shall be paid in Indian currency.    

Explanation -

For the purposes of this notification,-

(a) “landed value” shall be the assessable value as determined under the Customs Act, 1962 and includes all duties of customs except duties under sections 3, 3A, 8B, 9 and 9A of the Customs Tariff Act, 1975;

(b) the “rate of exchange” applicable for the purposes of calculation of the anti-dumping duty under this  notification shall be the exchange rate specified  in the notification issued from time to time in exercise of powers conferred under sub-section (3) of  section 14 of the Customs Act, 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 .

V. Sivasubramanian
Deputy Secretary to the Government of India

F.No. 354/ 222  /2002-TRU