In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act,1962 (52 of 1962)the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendment in the notification, of the Government of India in the erstwhile Ministry of Finance (Department of Revenue) No. 25-1999-Customs, dated the 28th February, 1999, namely

REGD. NO. D. L.-33004/99

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 465 ] NEW DELHI, THURSDAY,OCTOBER 10, 2002/ASVINA 18,1924

( 1)

3171 GI/20022 THE GAZETTE OF INDIA: EXTRAORDINARY fPART II—SHH MM

MINISTRY OF FINANCE AND COMPANY AFFAIRS

(Department of Revenue)

NOTIFICATION

New Delhi, the 10th October, 2002

No. 108/2002-CUSTOMS

G.S.K. 694 (E).—in exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendment in the notification, of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 25 / 1999-Customs, dated the 28* February, 1999, namely:-

In the said notification, in the Table, in List A, after S. No. 167 and entries relating thereto, the following S. No. and the entries shall be inserted, namely:-

(I)

(2)

"168

28,39

(4) CD-R (unrecorded CD)";

(3)

Dyes; Optical grade polycarbonate;

Jewel box

[F. No. 354/188/2002-TRU]

G. D. LOHANI, Under Secy, Note : The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 25/99- Customs, dated the 28th February, 1999 [G.S.R. 161(E), dated the 28th February, 1999] and was last amended vide notification No. 57/2002- Customs, dated the 31 May, 2002, [G.S.R. 399 (E), dated the 31st May, 2002].

3

NOTIFICATION

New Delhi, the 10th October, 2002

No. 109/2002-CUSTOMS

G.S.R. 695 (E).— WHEREAS the designated authority vide notification published in P"a I, Section 1 of the Gazette of India, Extraordinary, dated the 17th day of May, 2002, has initiate*? r . 4*w wthe matter of continuation of anti-dumping duty imposed on graphite electrodes, originati% ja, or exported from, USA, Austria, France, Germany, Italy, Spain, PR China and Belgium, vide notification No.77/97-Customs dated the 21" October, 1997 and has requested for suitable extension of anti-dumping duty, pending the results of the review investigations;

Now, therefore, in exercise of the powers conferred by sub-sections (1), (2), (5) and (6) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with rules 13 and 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 hereby makes the following amendment in the notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No.77/97-Customs, dated the 21" October, 1997, namely:-

In the said notification, after first paragraph, the following paragraph shall be inserted, namely:-

" 2. This notification shall be in force upto and inclusive of the 20* day oOanu^y, 2003, unless it is revoked earlier.".

[F.NO.354/182/2002-TRU]

VIVEK PRASAD, Under Secy.

Note:- The principal ratification No. 77/97-Customs, dated the 2 1" October, 1997 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 607(E), dated the 21" October, 1997.

NOTIFICATION

New Delhi, the lOthCc-fter, 2002

No. 110/2002-CUSTOMS

G.S.R. 696 (E).— WHEREAS in the matter of import of lead acid batteries falling under heading 85.07 of the First Schedule to *he Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People's Republic of China, Republic of Korea, Japan and Bangladesh and imported into India, the designated authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7* December, 2001, had come to the conclusion that -

(a) lead acid batteries have been exported to India from China, Korea, Japan and Bangladesh below their normal value during the period of investigation;

(b) the Indian Industry has suffered material injury and is further being threatened with material injury;

(c) the injury has been caused by the dumped imports from China, Korea, Japan and Bangladesh;

_5 AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the said lead acid batteries vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 1/2002-Customs, dated the 2nd January, 2002 [G.S.R. 3 (E), dated the 2nd January, 2002], published in Part II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary, dated the 2nd January, 2002;

AND WHEREAS M/s Yuasa Battery (Guangdong) Co. Ltd. People's Republic of China and M/s CSB Battery Guangzhou Co. Ltd., People's Republic of China have requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 in respect of exports made by them, and the designated authority, vide notifications No. 14/30/2002-DGAD and NO.14/26/2002-DGAD, dated the 27* August, 2002 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27* August, 2002, has recommended provisional assessment of all exports of the said lead acid batteries made by the said M/s Yuasa Battery (Guangdong) Co. Ltd. People's Republic of China and M/s CSB Battery Guangzhou Co. Ltd., People's Republic of China till the completion of the review by it;

Now, therefore, in exercise of the powers conferred by sub-rule (2) of rule 22 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 recommendation of the designated authority, hereby orders that pending the outcome of the said review by the designated authority, lead acid batteries falling under heading 85.07 of the First Schedule to the said Customs Tariff Act exported by M/s Yuasa Battery (Guangdong) Co. Ltd. People's Republic of China and M/s CSB Battery Guangzhou Co. Ltd., People's Republic of China, when imported into India, shall be subjected to provisional assessment during the period of investigation beginning with the l'lSeptember, 2002 and ending with the 28* February, 2003.

2. The provisional assessment may be subject to such guarantee as the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, deems fit for payment of the deficiency, if any, in case a definitive anti dumping duty is imposed retrospectively, on completion of investigation by the designated authority.

3. In case of recommendation of anti-dumping duty after completion of the said review by the designated authority, the importer shall be liable to pay the amount of such anti-dumping duty recommended on review and imposed on all imports into India of lead acid batteries from M/s Yuasa Battery (Guangdong) Co. Ltd. People's Republic of China and M/s CSB Battery Guangzhou Co. Ltd., People's Republic of China from the date of initiation of the said review.

Explanation.- For the purposes of this notification, the anti-dumping duty shall be calculated in Indian currency and the rate of exchange applicable for the purposes of calculation of such anri-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 under sub-clause (i) of clause (a) of sub-section (3) of 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. 354/183/2002-TRU]

VIVEK PRASAD, Under Secy.

7

NOTBICAHON

New Delhi, the 10th October, 2002

No. 111/2002-CUSTOMS

G.S.R 697{E).—WHEREAS the designated authority vide notification published in Part I Section 1 of the Gazette of India, Extraordinary, dated the l" day of October, 2001, had initiated review in'the matter of continuation of final anti-dumping duty imposed on acrylonitrile butadiene rubber falling under Chapter 40 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as NBR) originating in, or exported from, Korea RP and Germany, vide notification No.91/2001-Customs dated the 7 September, 2001 [G.S.R. 649 (E), dated the 7th September, 2001], on the basis of midterm review findings of the designated authority vide notification published in Part I, Section 1 of the Gazette of India Extraordinary, dated the 20lh July, 2001 and had requested for suitable extension of anti-dumping duty! pending the results of the review investigations;

AND WHEREAS the Central Government has extended the anti-dumping duty imposed on NBR originating in. or exported from, Korea RP and Germany vide notification No. 91/2001-Customs, dated the 7 September, 2001, as amended vide notification No.8/2002-Customs, dated the 18th January 2002 [G.S.R. 40 (E), dated the 18 January, 2002] upto and inclusive of 30th July, 2002; and notification No.71/2002-Customs, dated the 22nd July, 2002 [G.S.R. 506 (E), dated 22nd July, 2002]. upto and inclusive of30m September, 2002;

AND WHEREAS the designated authority vide notification No.50/1/2001-DGAD, dated the 21" September, 2002, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 21* September, 2002 has concluded that -

(a) NBR originating in, or exported from, Korea RP and Germany have been exported to India below its normal value; (b) various economic indicators and injury parameters in particular price undercutting by dumped imports imply that the cessation of anti-dumping duty on NBR from Korea RP and Germany will lead to continuance or recurrence of dumping and injury; and (c ) has recommended for continuation of anti-dumping duty on NBR;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) 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 acrylonitrile butadiene rubber, falling under Chapter 40 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Korea RP and Germany, and imported into India, an anti-dumping duty at the rate which is equivalent to the difference between the amount mentioned in column (4) of the Table below and the landed value of imports per metric tonne.

TABLE

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 section 3, 3 A, 8B, 9 and 9A of the said Customs Tariff Act. (b) The and dumping duty shall be paid in Indian currency and 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 confer d under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act and we r".ivvam tiate 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. 354/179/2002-TRU]

VIVEK PRASAD, Under Secy.

NOTIFICATION

New Delhi, the 10th October, 2002

No. 112/2002-CUSTOMS

G.S.R698(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 erstwhile Ministry of Finance (Department of Revenue), No. 91/2001-Customs, dated the 7* day of September, 2001 [G.S.R 649 (E), dated the 7 day of September, 2001], except as respects things done or omitted to be dore before such rescission.

[F.NO.354/179/2002-TRU1

VIVEK PRASAD, Under Secy.

Printed by lh" ManaQar, Govt, of India Press, Ring Road, Mayapuri, New Delhl-110064 and Published by the Controller of Publications. Delhi- V 0054 — 2002