REGD. NO. D. L.-33004/99
The Gazette of India
EXTRAORDINARY
PART—Section 1
PUBLISHED BY AUTHORITY
No. 115] NEW DELHI, WEDNESDAY, MAY8,2002/VAISAKHA18, 1924
1484 GI/2002
(1)2 THE GAZETTEOFINDIA: EXTRAORDINARY [PART I—SEC. 1] 3
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
DntECTORATE GENERAL OF ANTI DUMPING AND ALLIED DITTIES
INITIATION (SUNSETREVD2W)
New Delhi, the 7th May, 2002
Subject: Initiation of Sunset Review regarding antidumping duty imposed on Metallurgical Cokefrom People's Republic
of China.
No. 14/13/2002-DGAD.— The Designated Authority (hereinafter referred to as the Authority) in accordance with the Customs Tariff Act, 1975 as amended in 1995 and Customs Tariff (Identification, Assessment and Collection of Anti Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 recommended imposition of the definitive Anti-Dumping duty on4 THE GAZETTEOFINDIA: EXTRAORDINARY [PART I—SEC. 11 importa of Metallurgical Coke originating in or exported from People's Republic of China (hereinafter referred to as subject country). The Government of India vide Gazette Notification No.8/2/97-ADD dated 20th March, 1998 recommended preliminary anti dumping duty which was imposed vide Custom's Notification dated 6th May, 1998. The final duty was recommended vide Gazette Notification No. 8/2/97-ADD dated 27"1 August, 1998 and imposed by Customs Notification dated 27th October, 1998.
1. Product involved: The product under consideration in the present review is Metallurgical Coke also referred to as Metcoke (also referred as subject goods hereinafter) originating in or exported from the subject country and the detailed description of the product is illustrated in Para 3 of the Final findings dated 27th August, 1998.
The product is classified under Chapter 27 of the Custom Tariff Act (Custom sub-head 27.04). The classification, is, however, indicative only and is in no way binding on the scope of the present investigation.
2. INITIATION:
The Customs Tariff (Amendment) Act, 1995 and the Rules made thereunder require the Authority to review from time to time, the need for continuance of Anti-Dumping Duty. The Authority has received representations from M/s Nava Bharat Ferro Alloys Limited, Hyderabad and M/s Fairdeal Supplies Pvt. Ltd., Ahmedabad, the importers/users of the subject goods indicating lowering of the dumping margin and also no injury to the Domestic Industry by the imports of the subject goods from the subject country. M/s Indian Metallurgical Coke Manufacturers Association(IMCOM), New Delhi which includes original petitioner M/s BLA also have requested for continuation of anti dumping duties after the expiry of the five years period in view of the continued injury to the Domestic Industry.
The Designated Authority notes the various representations and considers that the Sunset Review of the existing anti dumping duty on the subject goods from the subject country would be appropriate at this stage under the provisions of Section 9(A) of the Customs Tariff Act, 1975 as amended in 1995.
3. PROCEDURE:
The Designated Authority hereby initiates Sunset Review to review as to whether cessation of the anti dumping duty is likely to lead to continuance or recurrence of dumping and injury as per Section 9 A (5) of Customs Tariff (Amendment) Act, 1995 and therefore to review as per Rule 23 (1) of the Customs Tariff (Amendment) Act, 1995 and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped 5 Articles and for Determination of Injury) Rules, 1995 the need for continued imposition of the anti dumping duty on imports of Metallurgical Coke originating in or exported from people's Republic of China.
4. PERIOD OF INVESTIGATION:
The period of investigation for the purpose of Sunset Review is from l8t6 THEGAZH1TE OF INDIA: EXTRAORDINARY [PART I—SEC. 11 9. Inspection of Public File; In terms of Rule 6(7), any interested party may inspect the public file containing non-confidential version of the evidence submitted by other interested parties.
10. In case where an"interested party refuses access to, or otherwise does not provide necessary information within a reasonable period, or significantly impedes the investigation, the Authority may record its findings on the basis of the facts available to it and make such recommendations to the Central Government as deemed fit.
L. V SAPTHARISHI, Designated Authority Printed by tho Manager, Govt of India Press, Ring Road, Mayapuri, Now Delhi-110064
and Publinhed by the Controller of Publications, Delhi-1100 54.