Metallurgical coke (Metcoke) originating in, or exported from, China PR - Anti-dumping duty - 81/98 - Customs -Tariff

Metallurgical coke (Metcoke) originating in, or exported from, China PR - Anti-dumping duty Notification No. 81/98-Cus. Dated 27-10-1998 WHEREAS in the matter of import of Metallurgical coke (hereinafter referred to as "Metcoke") falling under chapter 27 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, China PR, the Designated Authority vide its preliminary findings, published in Part I, section 1 of the Gazette of India Extraordinary dated the 20th March, 1998 had come to the conclusion that - (i) Metcoke originating in, or exported from, China PR has been exported to India below normal value, resulting in dumping; (ii) The Indian industry has suffered material injury; and (iii) the injury has been caused cumulatively by the imports from the subject country. AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide Notification No. 22/98-Customs, dated the 6th May, 1998 [G.S.R. 243 (E), dated the 6th May, 1998], published in Part II, Section 3, Sub-section (i) of the Gazette of India Extraordinary, dated the 6th May, 1998 (hereinafter referred to as the provisional duty); AND WHEREAS the Designated Authority vide its findings published in Part I, Section 1 of the Gazette of India Extraordinary, dated the 27th August, 1998 has arrived at the final findings that - (i) Metcoke originating in, or exported from, China PR has been exported to India below its normal value; (ii) the domestic industry has suffered material injury; and (iii) injury has been caused to the domestic industry by the dumping of the subject goods originating in, or exported from, China PR. Now, therefore, in exercise of the powers conferred by sub-section (1) 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, after considering the aforesaid findings of the Designated Authority, hereby imposes on Metcoke falling under heading No. 27.04 of the First Schedule to the said Customs Tariff Act, originating in or exported from China PR and imported into India, an anti-dumping duty calculated at a rate as equivalent to the difference between Rs. 4673 and the landed value of Metcoke, per metric tonne; 2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of provisional duty i.e. 6th of May, 1998. Explanation. - For the purposes of this notification, `landed value' means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties of customs levied under sections 3, 3A, 8B, 9 or section 9A, as the case may be, of the said Customs Tariff Act.