17
th
July, 2001
Notification No. 78/2001- Customs
WHEREAS in the matter of import of seamless tubes or seamless pipes falling under heading or sub-heading Nos. 73.04,
7304.10, 7304.29 and 7304.39 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported
from, Austria, Czech Republic, Russia, Romania and Ukraine, the designated authority vide its final findings, dated the 19
th
May, 2000, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19
th
May, 2000, had come to the
conclusion that -
(a) Seamless tubes originating in, or exported from, the subject countries have been exported to India below normal value,
resulting in dumping;
(b) the domestic industry has suffered injury;
(c) injury has been caused by imports from the subject countries;
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. 91/2000-
Customs, dated the 21
st
June, 2000 [G.S.R. 546 (E), dated the 21
st
June, 2000], published in Part II, Section 3, Sub-section
(i) of the Gazette of India, Extraordinary, dated the 21
st
June, 2000;
AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT), in its Final
Order No. 2-3/2001-AD dated the 13
th
March, 2001 in Appeal No. C/331/2000-AD & C/364/2000-AD in the matter of M/s
Volzhsky Pipe Plant, and Association of Seamless Tubes Manufacturers vs Designated Authority, has ordered modification of
the anti-dumping duties imposed vide said notification No. 91/2000-Customs, dated the 21
st
June, 2000;
AND WHEREAS the designated authority has accepted the above order of the CEGAT dated the 13
th
March, 2001;
Now, therefore, in exercise of the powers conferred by sub-section (1) and sub-section (8) of section 9A of the said Customs
Tariff Act, read with rules 18 and 20 of Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on
Dumped Articles and for Determination of Injury) Rules, 1995 and in supersession of the notification of the Government of India
in the Ministry of Finance (Department of Revenue), No. 91/2000-Customs, dated the 21
st
June, 2000 [G.S.R. 546 (E), dated
the 21
st
June, 2000], the Central Government hereby imposes on all imports of the categories and grades mentioned in
columns (4) and (5) respectively of the Table annexed hereto, of dumped hot-finished line pipes and boiler pipes of iron ( other
than cast iron) or non-alloy steel and casing and tubing of alloy and non-alloy steel falling under sub-heading Nos. 7304.10,
7304.29 and 7304.39 of the First Schedule to the said Customs Tariff Act of dimensions (OD) ranging from (i) 21.30 mm to
273 mm or 10 inches NB for line and boiler pipes, (ii) 38.1 mm to 244.5 mm or 9 5/8 inches for casing and tubing, originating
in, or exported from, the countries mentioned in column (2) of the said Table, when exported by the exporters mentioned in
column (3) of the said Table, at a rate which is equivalent to the difference between the amount mentioned in the corresponding
entry in column (6) of the said Table and the landed value of imports.
Table
S.No Country Exporter
Category of
Seamless Pipe
Grade
Amount
in US$
per
metric
tonne
(1) (2) (3) (4) (5)(6)
1. Russia 1. Volzhsky Pipe Plant Casing pipe
N-80
L-80
P-110
757
2. Volzhsky Pipe Plant, the
manufacturer, and M/s Mitsui &
Co. Ltd., Tokyo, the exporter
Casing pipe L-80757
3. All other exporters of all
categories of seamless
pipes/tubes as described in the
above paragraph
All types of Seamless
pipes as described in
the above paragraph
1001
2. Romania 1. Petrotub S. A.
Line Pipe and Casing
Pipe
Nil
All other pipes 1001
2. Silcotub S. A. Boiler Pipe 945
Line Pipe Nil
All other pipes 1001
3. All other exporters of all
categories of seamless
pipes/tubes as described in the
above paragraph
All types of seamless
pipes as described in
the above paragraph
1001
3. Austria
All exporters of all categories of
seamless pipes/tubes as
described in the above
paragraph
All types of seamless
pipes as described in
the above paragraph
1001
4. Czech Republic
All exporters of all categories of
seamless pipes/tubes as
described in the above
paragraph
All types of seamless
pipes as described in
the above paragraph
1001
2. The anti-dumping duty shall be paid in Indian currency.
Explanation.- For the purposes of this notification,-
(i) landed value of imports for the purpose shall be the assessable value as determined under the Customs Act, 1962 (52 of
1962) and all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(ii) the 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 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.336/4/2001-TRU
(G. D. Lohani)
Under Secretary to the Government of India