Notification No.64/2007, Dated 7th May 2007

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

New Delhi, dated the 7^th May, 2007

NOTIFICATION No.64/2007-CUSTOMS

G.S.R. (E). – Whereas, the designated authority, vide its notification No. 15/4/2005-DGAD, published in Part I, Section I of the Gazette of India, Extraordinary, dated the 7^th April, 2006, had initiated a review in the matter of continuation of anti-dumping on imports of Zinc Oxide (hereinafter referred to as the subject goods) falling under heading 2817 or subheading 3812 30 of the First Schedule to the Customs Tariff Act 1975, (51 of 1975), originating in, or exported from, the Peoples Republic of China (hereinafter referred to as the subject country), imposed vide notification No. 115/2001 dated the 2^nd  November, 2001,  published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 2^nd  November, 2001 vide G.S.R. No. 821(E), dated the 2^nd November, 2001;

And whereas, the Central Government has extended the anti-dumping duty on the subject goods, originating in, or exported from, the Peoples Republic of China up to and inclusive of the 8^th day of April, 2007 videnotification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 51/2006 -Customs dated the 29^th May, 2006, G.S.R No. 321(E), dated the 29^th May, 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 29^th May, 2006;

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from the Peoples Republic of China, the designated authority vide its final findings, No. 15/4/2005-DGAD dated the 4^th April, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5^th April, 2007, has come to the conclusion that –

(i)                 the subject goods are entering the Indian market at dumped prices and dumping margin from subject country is significant  and above de minimis. The subject goods are likely to enter the Indian market at dumped prices, should the present measures be withdrawn;

(ii)                even though the domestic industry has improved its performance over the injury period, the injury to domestic industry may occur, should the present anti-dumping duties are withdrawn, injury to the domestic industry is likely to continue or recur;

(iii)              continuation of the antidumping duty is necessary  against subject goods originating in or exported from China ;

and has recommended continued imposition of the anti-dumping duty against the subject goods, originating in, or exported from, the Peoples Republic of China in order to remove injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with 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, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under tariff heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4),  and exported from the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (6), and exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at a rate which is equal to the amount as specified in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10)  and  per unit of measurement as specified in the corresponding entry in column (9) of the said Table.

Table

2.         The rate of anti-dumping duty for Zinc Oxide of all grades of purity other than 99.5% shall be worked out on pro-rata basis.

3.         The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) form the date of publication of this notification in the Official Gazette. The anti-dumping duty shall be paid in Indian currency.

Explanation. - For the purposes of this notification, 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 conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 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.

[F.No.354/30/2001-TRU (Pt-II)]

                                                                                                                                                              (S.Bajaj)

Under secretary to the Government of India