REGD. NO. D. L. -33004/99
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 621]
NEW DELHI, WEDNESDAY, DECEMBER 12, 2001/AGRAHAYANA 21, 1923
3801 GI/2001
(1)
2^
THE GAZETTE OF INDIA: EXTRAORDINARY
[PART II—SEC. 3(i)]
J5
MINISTRY OF FINANCE
(Department of Revenue)
NOTIFICATION
New Delhi, the 12th December, 2001
No. 123/2001-CUSTOMS
G.S.R. 898(E).—WHEREAS in the matter of import of Hard Ferrite Ring Magnets, falling under
Chapter 85 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported
from, China P.R., the Designated Authority vide its preliminary findings, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 1st April, 1999 had come to the conclusion that -
(a)
Hard Ferrite Ring Magnets originating in, or exported from, China P.R. has been exported to
Tndia below normal value, resulting in dumping;
(b)
the Indian industry has suffered material injury;
(c)
the injury has been caused cumulatively by the imports from me subject country;
4
THE GAZETTE OF INDIA: EXTRAORDINARY
fPART H—SEC. 3(i)]
AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central
Government had imposed an anti-dumping duty vide notification of the Government of India, in tne
Ministry of Finance (Department of Revenue), No. 54/99-Customs, dated the 4th May, 1999 [G-S.R. 307
(E), dated the 4th May, 1999], published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 4th May 1999;
AND WHEREAS the Designated Authority vide its final findings, dated the 12th July, 1999, published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12th July, 1999, had come to the
conclusion that -
(a)
Hard Ferrite Ring Magnets originating in, or exported from, China P.R. has been exported to
India below normal value;
(b)
the domestic industry has suffered material injury;
(c)
the injury has been caused to the domestic industry by the dumping of the subject goods
originating in, or exported from, China f.R.;
AND WHEREAS on the basis of the aforesaid findings of the Designated Authority; the Central
Government had imposed an anti-dumping duty vide notification of the Government of India in the
Ministry of Finance (Department of Revenue), No. 103/99-Customs, dated the 6th August, 1999 [G.S.R.
580 (E), dated the 6th August, 1999], published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 6th August, 1999;
AND WHEREAS the designated authority vide its final findings in review, published in the Gazette- of
India, Extraordinary, Part I, Section 1, datod the 23rd October, 2001 has come to the conclusion that-
(a) the subject goods exported from the subject country have been exported to India below its
normal value;
(b) the domestic industry has suffered material injury by way of depressed Net Sales Realization
(NSR) on account of price suppression caused by low lanaed prices of the dumped subject
goods from the subject country leading to financial losses;
(c) The injury has been caused to the domestic industry by dumping of the subject goods
originating in or exported from the subject country. The authority recommends anti-dumping
duty on imports of all forms/grades of subject goods falling under Chapter 85 originating in
or exported from the subject country, HFRM of any grade with sizes as indicated in para
B(A) (3) of the said findings would attract the anti-dumping duties;
(d) It is also felt that withdrawal/discontinuance of anti-dumping duty will further accentuate
dumping and consequential injury to the domestic industry;
Now, therefore, in exercise of the powers conferred by sub-sections (1), (5) and (6) of section 9A
of the said Customs Tariff Act, read with rule 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 findings of the designated authority, hereby imposes
on the Hard Ferrite Ring Magnets mentioned in column (3) of the Table below, falling under sub-heading
No. 8505.19 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, China
P.R., exported by the exporters mentioned in column (2) of the said Table and imported into India, an anti-
dumping duty at a rate which is equivalent to the difference between the amount mentioned in column (4)
of the said Table and the landed value of the said imported Hard Ferrite Ring Magnets per metric tonne.
Table
s.
No.
(1)
1.
Name
of
the
exporter/producer
(2)
PR China
All exporters/producers
Product
(3)
Hard Ferrite Ring Magnet (HFRM) of all
grades
and
sizes
including
in
unmagnetiscd form
Amount
USVmetric tonne)
(4)
1123.8
5
2.
The anti dumping duty imposed under this notification shall be effective upto and inclusive of the
3rd day of May, 2004, unless Ihe time limit is extended or the notification is revoked before such time, by
notification published in the Official Gazette and shall be paid in Indian currency.
Explanation, - For the purposes of this notification,-
(a)
"landed value" means the assessable value as determined under the Customs Act, 1962 ( 5i"X
1962) and includes all duties of Customs except duties levied under section 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 of the Government of India in the Ministry of Finance
(Department of Revenue), issued from time to time, in exercise of the powers conferred under sub-clause
(i) of clause (a) of sub-section (3) of section 14 of the said Customs Act 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. 356/63/2001-TRU]
CD. LOHAN1, Under Secy.
NOTIFICATION
New Delhi, the 12th December, 2001
No. 124/2001-CUSTOMS
G.S.R. 899(E),—In exercise of powers conferred by sub-section (1) of section 9A of the Customs
Tariff Act, 1975 (51 of 1975), 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 hereby rescinds the notification of the Government of India, in the Ministry of
Finance (Department of Revenue), No.l03/99-Customs, dated the 6lh August, 1999 [G.S.R.580 (E), dated
the 6lh August, 1999], except as respects things done or omitted to be done before such rescission.
[F. No. 356/63/2001-TRU]
G.D.LOHANI, Under Secy,
Tir/(?»pf-cK.i
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