Notification No. 167/2003, Dated 13th Nov 2003

13th November, 2003.

Notification No. 167/2003 - Customs

            WHEREAS in the matter of import of Metallurgical Coke (hereinafter referred to as the subject goods), falling under sub-heading 2704 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from Japan (hereinafter referred to as the subject country), the designated authority vide its preliminary findings notification No.14/41/2002-DGAD, dated the 14th October, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th October, 2003 has come to the conclusion that – 

(a)	the subject goods in all forms originating in or exported from the subject country have been exported to India below the normal value;
(b)	the domestic industry has also suffered material injury by way of financial losses due to depressed Net Sales Realization (NSR) on account of price depression caused by low landed prices of the dumped subject goods;
(c)	the injury has been caused to the domestic industry by dumping of the subject goods originating in or exported from the subject country;

and has recommended imposition of provisional anti-dumping duty, pending final determination, on imports of the subject goods, originating in, or exported from Japan; 

            Now, therefore , in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 sub-heading 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 country as specified in the corresponding entry in column (5) , and produced by the producer as specified in the corresponding entry in column (7), when exported from the country as specified in the corresponding entry in column (6), by the exporter as specified in the corresponding entry in   column (8), and imported into India, an anti-dumping duty equal to the difference between amount specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11), per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods expressed in like currency per like unit of measurement.

Table

2.    The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 12^th day of May, 2004, and shall be payable in Indian currency.

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 such anti-dumping duty shall be the rate which is which is determined by the central government from time to time, in exercise of the powers conferred by 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.

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

F.No.354/119/2003-TRU