[TO
BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3,
SUBSECTION (i)]
GOVERNMENT
OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification
No.53/2016-Customs (ADD)
New Delhi, the
25th November, 2016
G.S.R. (E). – Whereas in the matter of “Low Ash
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) (hereinafter referred to as the Customs Tariff Act), originating
in, or exported from, Australia and People’s Republic of China (hereinafter
referred to as the subject countries), and imported into India, the designated
authority in its final findings published in the Gazette of India,
Extraordinary, Part I, Section 1, vide notification No.14/9/2015-DGAD, dated
the 20th October, 2016, has come to the conclusion that–
(i) the dumped imports of subject goods from subject
countries increased significantly in the Period of Injury as compared to the
base year 2011-12;
(ii) the subject goods have been exported to India from the subject countries
below normal values, the dumping margins are positive and significant;
(iii) the domestic industry suffered material injury on account of subject
imports from the subject countries;
(iv) the material injury has been caused by the dumped imports of subject goods
from the subject countries,
and has recommended
imposition of definitive anti-dumping duty on the subject goods, originating
in, or exported from the subject countries, 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, 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,
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 the sub-heading of the First
Schedule to the Customs Tariff Act as specified in the corresponding entry in
column (2), originating in the countries as specified in the corresponding
entry in column (4), exported from the countries as specified in the
corresponding entry in column (5), produced by the producers as specified in
the corresponding entry in column (6), exported by the exporters as specified
in the corresponding entry in column (7), and imported into India, an
anti-dumping duty at the rate 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 as per unit of measurement as specified
in the corresponding entry in column (9) of the said Table, namely:-
Table
Sl. No |
Subheading |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Amou nt |
Unit of measure ment |
Curre ncy |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1. |
2704 00 |
Low Ash Metallurgical Coke excluding
Metallurgical Coke with ash content in excess of 18%. |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
25.20 |
Metric Tonne |
US Dollar |
2. |
2704 00 |
Low Ash Metallurgical Coke excluding
Metallurgical Coke with ash content in excess of 18%. |
People’s Republic of China |
Any country other than subject
countries |
Any |
Any |
25.20 |
Metric Tonne |
US Dollar |
3. |
2704 00 |
Low Ash Metallurgical Coke excluding
Metallurgical Coke with ash content in excess of 18%. |
Any country other than subject
countries |
People’s Republic of China |
Any |
Any |
25.20 |
Metric Tonne |
US Dollar |
4. |
2704 00 |
Low Ash Metallurgical Coke excluding
Metallurgical Coke with ash content in excess of 18%. |
Australia |
Australia |
Any |
Any |
16.29 |
Metric Tonne |
US Dollar |
5. |
2704 00 |
Low Ash Metallurgical Coke excluding
Metallurgical Coke with ash content in excess of 18% |
Australia |
Any country other than subject
countries |
Any |
Any |
16.29 |
Metric Tonne |
US Dollar |
6. |
2704 00 |
Low Ash Metallurgical Coke excluding
Metallurgical Coke with ash content in excess of 18%. |
Any country other than subject
countries |
Australia |
Any |
Any |
16.29 |
Metric Tonne |
US Dollar |
2. The
anti-dumping duty imposed under this notification shall be effective for a
period of five years (unless revoked, superseded or amended earlier) from the
date of publication of this notification in the Official Gazette and shall be
paid in Indian currency.
Explanation.- For the purposes of this notification,
rate of exchange applicable for calculation of such 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 section 14 of the Customs Act, 1962 (52 of
1962), 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.
[F.No.354/193/2016-TRU]
(Anurag Sehgal)
Under Secretary to the Government of India
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