Met
Coke from China
Ntfn 23 In
exercise of the powers conferred
21.01.2004 by sub-section (1) of section
9A read
with sub- section (6)
of section 3 of the Customs Tariff Act, 1975 (51of 1975), and sub section (1)
of section 25 of the Customs Act, 1962 (52 of 1962) and in supersession of
notification of Government of India in the Ministry of Finance (Department of
Revenue) No. 81/1998, dated the 27th
October, 1998 [ G.S.R. 644 (E), dated the 27th
October, 1998], the Central Government imposed on metallurgical coke falling
under heading 27.04 of the First Schedule to the said Customs Tariff Act,
originating in, or exported from, People’s Republic of China, anti-dumping duty
vide notification No.69/2000-Customs, dated the 19th May, 2000 [ G.S.R. 466 (E), dated 19th May, 2000];
AND
WHEREAS in the said matter of import of Metallurgical Coke (hereinafter
referred to as the subject goods), falling under heading 2704 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from China PR (hereinafter referred to as the subject country), the
designated authority vide its findings notification No.14/13/2002-DGAD,
dated the 5th November, 2003, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 5th November, 2003 has come to the conclusion that
–
(a)
the subject goods originating in or exported from the subject country have been
exported to India below the normal value, resulting in dumping;
(b)
the designated authority has constructed the normal value of metallurgical coke
in People’s Republic of China based on the information furnished by the
exporters and the information available with the designated authority in view
of incomplete and insufficient response by the exporters/producers from
People’s Republic of China in spite of specific request for information;
(c)
the injury has been caused by imports of the subject goods from the subject
country. The designated authority is of the opinion that cessation of the
existing anti-dumping duty on the subject goods may cause recurrence of dumping
of the subject goods from the subject country into India;
(d)
it is considered necessary to continue definitive anti-dumping duty on imports
of subject goods originating in or exported from subject country;
(e)
the designated authority recommends imposition of definitive anti-dumping duty
on all imports of metallurgical coke originating in or exported from the
People’s Republic of China. The anti dumping duty shall be the difference
between US$ 119.13 and the landed price of imports per MT.,
and
has recommended imposition of anti-dumping duty, on imports of the subject
goods, originating in, or exported from the subject country;
Now,
therefore, in exercise of the powers conferred by sub-section (1) and first
proviso to sub-section (5) of section 9A of the said Customs Tariff Act, the
Central Government, on the basis of the aforesaid findings of the designated
authority, hereby imposes (by way of extending the period of imposition of
anti-dumping duty) on the goods, the description of which is specified in
column (3) of the Table below, falling under 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 the corresponding entry 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 the specified in the
corresponding entry in column (9), 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, and the landed value
of such imported goods expressed in like currency per like unit of measurement.
Table
|
S No. |
Heading |
Description of goods |
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measure-ment |
Currency |
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
|
1. |
2704 |
Metallurgical Coke |
Low Ash Metallurgical Coke
with Ash content less than 15% |
People’s Republic of China |
People’s Republic of China |
Shanghai Cooking Chemical
Corporation |
Any |
119.13 |
Metric tonne |
US Dollar |
|
|
2. |
2704 |
Metallurgical Coke |
Low Ash Metallurgical Coke
with Ash content less than 15% |
People's Republic of China |
Any country except People's
Republic of China |
Shanghai Cooking Chemical
Corporation |
Ay |
119.13 |
Metric tonne |
US Dollar |
|
|
3. |
2704 |
Metallurgical Coke |
Low Ash Metallurgical Coke
with Ash content less than 15% |
Any country except People’s
Republic of China |
People’s Republic of China |
Shanghai Cooking Chemical
Corporation |
Any |
119.13 |
Metric tonne |
US Dollar |
|
|
4. |
2704 |
Metallurgical Coke |
Low Ash Metallurgical Coke
with Ash content less than 15% |
People’s Republic of China |
People’s Republic of China |
Any producer except Shanghai
Cooking Chemical Corporation |
Minmetals Townlord
Technologies Co. Ltd., Beijing, Sinochem International Co. Ltd., Shanghai,
CNC Coke and Chemicals Ltd., China Metallurgical Import and Export Hebei
Company, China North Industries Corporation and Shanxi Minmetals Industrial
and Trading Co. Ltd. |
119.13 |
Metric tonne |
US Dollar |
|
|
5. |
2704 |
Metallurgical Coke |
Low Ash Metallurgical Coke
with Ash content less China PR than 15% |
People’s Republic of China |
Any country except People’s
Republic of China |
Any producer except Shanghai
Cooking Chemical Corporation |
Minmetals Townlord
Technologies Co. Ltd., Beijing, Sinochem International Co. Ltd., Shanghai,
CNC Coke and Chemicals Ltd., China Metallurgical Import and Export Hebei
Company, China North Industries Corporation and Shanxi Minmetals Industrial
and Trading Co. Ltd. |
119.13 |
Metric tonne |
US Dollar |
|
|
6. |
2704 |
Metallurgical Coke |
Low Ash Metallurgical Coke
with Ash content less than 15% |
Any country except People’s
Republic of China |
People’s Republic of China |
Any producer except Shanghai
Cooking Chemical Corporation |
Minmetals Townlord
Technologies Co. Ltd., Beijing, Sinochem International Co. Ltd., Shanghai
,CNC Coke and Chemicals Ltd., China Metallurgical Import and Export Hebei
Company, China North Industries Corporation and Shanxi Minmetals Industrial
and Trading Co. Ltd. |
119.13 |
Metric tonne |
US Dollar |
|
|
7. |
2704 |
Metallurgical Coke |
Low Ash Metallurgical Coke
with Ash content less than 15% |
People’s Republic of China |
People’s Republic of China |
Any producer except Shanghai
Cooking Chemical Corporation |
Any exporter except
Minmetals Townlord Technologies Co. Ltd., Beijing, Sinochem International Co.
Ltd., Shanghai ,CNC Coke and Chemicals Ltd., China Metallurgical Import and
Export Hebei Company, China North Industries Corporation and Shanxi Minmetals
Industrial and Trading Co. Ltd. |
119.13 |
Metric tonne |
US Dollar |
|
|
8. |
2704 |
Metallurgical Coke |
Low Ash Metallurgical Coke
with Ash content less than 15% |
People’s Republic of China |
Any country except China PR |
Any producer except Shanghai
Cooking Chemical Corporation |
Any exporter except
Minmetals Townlord Technologies Co. Ltd., Beijing, Sinochem International Co.
Ltd., Shanghai ,CNC Coke and Chemicals Ltd., China Metallurgical Import and
Export Hebei Company, China North Industries Corporation and Shanxi Minmetals
Industrial and Trading Co. Ltd. |
119.13 |
Metric tonne |
US Dollar |
|
|
9. |
2704 |
Metallurgical Coke |
Low Ash Metallurgical Coke
with Ash content less than 15% |
Any country except People’s
Republic of China |
People’s Republic of China |
Any producer except Shanghai
Cooking Chemical Corporation |
Any exporter except
Minmetals Townlord Technologies Co. Ltd., Beijing, Sinochem International Co.
Ltd., Shanghai ,CNC Coke and Chemicals Ltd., China Metallurgical Import and
Export Hebei Company, China North Industries Corporation and Shanxi Minmetals
Industrial and Trading Co. Ltd. |
119.13 |
Metric tonne |
US Dollar |
|
2. Nothing contained in this notification shall apply to imports of metallurgical coke-
(a) by a manufacturer of pig iron or steel using a
blast furnace; or
(b) by a manufacturer of steel using COREX
technology; or
(c) by a manufacturer of pig iron using COREX
technology; or
(d) by a manufacturer of ferro alloys,
if
he follows the procedure set out in the Customs (Import of Goods at
Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996
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 specified in the notification, 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 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.