7
th
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 17
th
of May, 2002, had initiated review in the matter of continuation of final anti-dumping duty imposed on import of
graphite electrodes (hereinafter referred to as "the subject goods") originating in, or exported from United States of America
(USA), Peoples' Republic of China (PR China), Germany, Belgium, Austria, France, Spain and Italy (hereinafter referred to as
"the subject countries") vide notification No. 20/98-Customs dated the 5
th
May, 1998 [G.S.R. 239(E), dated the 5
th
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 10
th
October, 2003 [ G.S.R. 695(E), dated the 10
th
October, 2002] upto and inclusive of 20
th
January, 2003 and vide notification No. 12/2002-Customs dated the 20
th
January, 2003 [G.S.R. 40(E), dated the 20
th
January, 2003] upto and inclusive of 20
th
April, 2003;
AND WHEREAS, the designated authority vide its findings vide notification No. 28/1/1998 dated 9
th
April, 2003 in the review
proceedings initiated in the matter published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9
th
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 dumped imports from People's Republic of China;
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-
Heading
Descrip-
tion
Speci-
fications
Country
Of
Origin
Country
Of
Export
ProducerExporter Amount
Unit of
Measure-
ment
Currency
(1)(2) (3) (4) (5) (6) (7) (8) (9)(10) (11)
1854511
Graphite
Electrodes
Normal Power
Grade or High
Power Grade
PR
China
Any
Country
Chengdu
Rongguang
Carbon Co
Limited
Liaoning Jiayi
Metals & Minerals
Co. Ltd.
Nil MT USD
2854511
Graphite
Electrodes
Normal Power
Grade or High
Power Grade
PR
China
Any
Country
Chengdu
Rongguang
Carbon Co
Limited
Any other than
Liaoning Jiayi
Metals & Minerals
Co. Ltd.
508.506MT USD
3854511
Graphite
Electrodes
Normal Power
Grade or High
Power Grade
PR
China
Any
Country
China Tianjin
Jinghai Carbon
Plant
Liaoning Jiayi
Metals & Minerals
Co. Ltd.
234.54MT USD
4854511
Graphite
Electrodes
Normal Power
Grade or High
Power Grade
PR
China
Any
Country
China Tianjin
Jinghai Carbon
Plant
Any other than
Liaoning Jiayi
Metals & Minerals
Co. Ltd.
508.506MT USD
5854511
Graphite
Electrodes
Normal Power
Grade or High
Power Grade
PR
China
Any
Country
Liaoyang
Carbon Co.
Ltd. of China
Liaoning Jiayi
Metals & Minerals
Co. Ltd.
Nil MT USD
6854511
Graphite
Electrodes
Normal Power
Grade or High
Power Grade
PR
China
Any
Country
Liaoyang
Carbon Co.
Ltd. of China
Any other than
Liaoning Jiayi
Metals & Minerals
Co. Ltd.
508.506MT USD
7854511
Graphite
Electrodes
Normal Power
Grade or High
Power Grade
PR
China
Any
Country
Any other than
those specified
above
Any other than
those specified
above
508.506MT USD
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.
V.Sivasubramanian
Deputy Secretary to the Government of India
F.No.354/179 /2002-TRU
