Notification No. 20/2003, Dated 31st Jan 2003

31^st January, 2003

Notification No. 20 /2003-Customs

            WHEREAS in the matter of import of graphite electrodes- Ultra High Power grade (of diameters upto and including 24" ) (hereinafter referred to as subject goods), falling under sub-heading 85.45 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Poland and Brazil, and imported into India, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8^th May, 2002, has come to the conclusion that –

(a)	graphite electrodes- Ultra High Power grade (of diameters upto and including 24" ) originating in, or exported from, Poland and Brazil have been exported to India below its normal value, resulting in dumping;
(b)	the Indian industry has suffered material injury;
(c)	the injury has been caused by imports from Poland and Brazil;

and had recommended to impose anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods, originating in, or exported from, Poland and Brazil;

AND WHEREAS, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 15^th January, 2003 has come to the conclusion that-

(i)	The subject goods originating in, or exported from Poland and Brazil have been exported to India below normal value, resulting in dumping;
(ii)	The Indian domestic industry has suffered material injury;
(iii)	The injury has been caused to the domestic industry by the dumping of the subject goods from Poland and Brazil.

and has recommended to impose definitive anti-dumping duty, on all imports of the subject goods, originating in, or exported from, Poland and Brazil;

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 graphite electrodes- Ultra High Power grade (of diameters up to and including 24"), falling under sub-heading 85.45 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Poland and Brazil, and imported into India, when exported by producers/exporters specified in corresponding entry in column (3) of the Table below, and imported into India, an anti-dumping duty at the rate equivalent to the difference between the corresponding amount mentioned in column (4) of the said Table and the landed value of subject goods in US $ per metric tonne.

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 5^th June, 2002, 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 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.

Alok Shukla
Deputy Secretary to the Government of India