Graphite electrodes - Review in the matter of continuation of final anti-dumping duty on import of graphite electrodes originating in, or exported from USA, PR China, Germany, Belgium, Austria, France, Spain and Italy.

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7th July, 2003 Notification No. 101/2003 - Customs WHEREAS the designated authority vide notification published Part I, Section 1 in the Gazette of India, Extraordinary, dated the 17th of May, 2002, had initiated review in the matter of continuation of final anti-dumping duty imposed on import of graphite electrodes (h erein after referred to as “th e su b ject g o o d s”) o rig in atin g in , o r exp o rted fro m U n ited S tates o f A m erica (U S A ), Peo p les’ R ep u b lic o f China (PR China), Germany, Belgium, Austria, France, Spain and Italy (h erein after referred to as “th e su b ject co u n tries”) vide notification No. 20/98-Customs dated the 5th May, 1998 [G.S.R. 239(E), dated the 5th May, 1998], 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 graphite electrodes originating in, or exported from USA, Peoples Republic of China, Germany, Belgium, Austria, France, Spain and Italy vide notification No. 109/2002- Customs dated the 10th October, 2003 [ G.S.R. 695(E), dated the 10th October, 2002] upto and inclusive of 20th January, 2003 and vide notification No. 12/2002-Customs dated the 20th January, 2003 [G.S.R. 40(E), dated the 20th January, 2003] upto and inclusive of 20th April, 2003; AND WHEREAS, the designated authority vide its findings vide notification No. 28/1/1998 dated 9th April, 2003 in the review proceedings initiated in the matter published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9th April, 2003 has concluded that – (i) the various economic indicators and injury parameters imply that the cessation of anti-dumping duty on the imports of graphite electrodes (Ultra High Power grade) from USA, Germany, Belgium, Austria, France, Spain and Italy will not lead to continuance or recurrence of dumping and injury and, therefore, recommends discontinuance of anti dumping duty on graphite electrodes (Ultra High Power grade) exported to India from the subject countries except China; (ii) graphite electrodes (Normal Power Grade, or NPG) originating in or exported from PR China have been exported to India below normal value, resulting in dumping; (iii) the Indian industry has suffered material injury caused by d u m p ed im p o rts fro m Peo p le’s R ep u b lic o f C h in a; AND WHEREAS, the designated authority has recommended imposition of anti-dumping duty at specified rates on graphite electrodes originating in or exported from PR China in order to remove injury to the domestic industry. Now, therefore , in exercise of the powers conferred by sub-sections (1) and (5)of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18 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, after considering the aforesaid findings, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under headings 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 column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5), and exported from the countries as specified in the corresponding entry in column (6) and produced by the producers as specified in the corresponding entry in column (7) and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty equal to the amount mentioned in the corresponding entry given 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. Table S. No . Sub- Hea ding Desc rip- tion Produ cer Expo rter Amo unt Spec i- ficati ons Cou ntry Of Orig in Cou ntry Of Exp ort Curr ency Unit of Meas ure- ment (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (1 ) 1 8545 11 Graph ite Electr odes Norm al Powe r Grad PR Chin a Any Coun try Cheng du Rongg uang Carbo Liaon ing Jiayi Metal s & Nil MT USD 2 8545 11 Graph ite Electr odes 3 8545 11 Graph ite Electr odes 4 8545 11 Graph ite Electr odes PR Chin a Any Coun try PR Chin a Any Coun try PR Chin a Any Coun try e or High Powe r Grad e Norm al Powe r Grad e or High Powe r Grad e Norm al Powe r Grad e or High Powe r Grad e Norm al Powe r Grad e or High Powe r Grad e n Co Limite d Miner als Co. Ltd. Cheng du Rongg uang Carbo n Co Limite d China Tianjin Jingha i Carbo n Plant China Tianjin Jingha i Carbo n Plant Any other than Liaon ing Jiayi Metal s & Miner als Co. Ltd. Liaon ing Jiayi Metal s & Miner als Co. Ltd. Any other than Liaon ing Jiayi Metal s & Miner als Co. Ltd. MT USD 508. 506 MT USD 234. 54 MT USD 508. 506 5 8545 Graph Norm PR Any Liaoya Liaon Nil MT USD 11 ite Electr odes 6 8545 11 Graph ite Electr odes 7 8545 11 Graph ite Electr odes Chin a Coun try ng Carbo n Co. Ltd. of China PR Chin a Any Coun try Liaoya ng Carbo n Co. Ltd. of China PR Chin a Any Coun try Any other than those specifi ed above ing Jiayi Metal s & Miner als Co. Ltd. Any other than Liaon ing Jiayi Metal s & Miner als Co. Ltd. Any other than those specif ied abov e al Powe r Grad e or High Powe r Grad e Norm al Powe r Grad e or High Powe r Grad e Norm al Powe r Grad e or High Powe r Grad e MT USD 508. 506 MT USD 508. 506 2. The anti-dumping duty imposed under this notification shall be payable in Indian currency. Explanation. - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in exercise of the powers conferred by sub-clause (i) of sub-section (3) of section 14 of the Customs Act, 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, 1962. Deputy Secretary to the Government of India V.Sivasubramanian F.No.354/179 /2002-TRU

HS Codes Referenced

Acts & Provisions Referenced

• Customs Act, 1962.

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