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12
th
September, 2001
Notification No. 93 /2001-Customs
WHEREAS in the matter of import of Zinc Oxide, falling under heading No. 28.17 or sub-heading No. 3812.30 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Nepal, the designated authority vide its
preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7
th
August, 2001 has come to
the conclusion that -
(a)Zinc Oxide, in all forms, originating in, or exported from, Nepal, has been exported to India below its normal value;
(b)
the domestic industry has suffered material injury by way of depressed net sales realization on account of price suppression
caused by low landed prices of dumped zinc oxide , in all forms, from Nepal leading to financial losses;
(c)
the injury has been caused to the domestic industry by dumping of zinc oxide , in all forms, originating in, or exported from
Nepal;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with
rules 13 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, on the basis of the aforesaid findings of the designated
authority, hereby imposes on Zinc Oxide of all grades of 99.5% purity, falling under heading No.28.17 or sub-heading No.
3812.30 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Nepal, by exporters/producers
specified in column (2) of the Table given below, and imported into India, an anti-dumping duty at the rate specified in the
corresponding entry in column (3) of the said Table.
Table
S.No. Name of the exporter/producer Amount of duty (US $ per metric tonne)
(1) (2) (3)
1M/s Pashupati Oxide Udyog, Sonapur 175.74
2M/s Asian Metals, Birat Nagar 167.95
3M/s Pashupati Metal Industries, Birat Nagar 296
4M/s Swastik Metal Industries, Birat Nagar 43.57
5M/s Unnat Industries (P) Ltd. Nil
6M/s Shree Pashupati Rasayanik Udyog (P) Ltd. Nil
7Other exporters/producers 296
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 11
th
day of March, 2002,
and shall be payable in Indian currency.
3. The rate of anti-dumping duty for Zinc Oxide of all grades of purity other than 99.5% shall be worked out on pro rata basis.
Illustration .- The rate of provisional anti-dumping duty on Zinc Oxide of 49.75% purity, exported by M/s Pashupati Oxide
Udyog, Sonapur shall be calculated as 50% of US $ 175.74 per metric tonne, i.e. US$ 87.87 per metric tonne.
Explanation . - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of 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 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.
G.D.Lohani
Under Secretary to the government of India
F.No.354/151/2001-TRU