CHAPTER 25

Salt; sulphur; earths and stone; plastering materials, lime and cement NOTES:

1. Except where their context or Note 4 to this Chapter otherwise requires, the headings of this Chapter cover only products which are in the crude state or which have been washed (even with chemical substances eliminating the impurities without changing the structure of the product), crushed, ground, powdered, levigated, sifted, screened, concentrated by flotation, magnetic separation or other mechanical or physical processes (except crystallization), but not products that have been roasted, calcined, obtained by mixing or subjected to processing beyond that mentioned in each heading.

The products of this Chapter may contain an added anti-dusting agent, provided that such addition does not render the product particularly suitable for specific use rather than for general use.

2. This Chapter does not cover :

(a) sublimed sulphur, precipitated sulphur and colloidal sulphur (heading 2802);

(b) earth colours containing 70% or more by weight of combined iron evaluated at Fe2O3 (heading 2821);

(c) medicaments and other products of Chapter 30;

(d) perfumery, cosmetic or toilet preparations (Chapter 33);

(e) setts, curbstones and flagstones (heading 6801); mosaic cubes or the like (heading 6802); roofing, facing or damp course slates (heading 6803);

(f) precious or semi-precious stones (heading 7102 or 7103);

(g) cultured crystals (other than optical elements) weighing not less than 2.5g each, of sodium chloride or of magnesium oxide, of heading 3824; optical elements of sodium chloride or of magnesium oxide (heading 9001);

(h) billiard chalks (heading 9504); or

(ij) writing or drawing chalks and tailors’ chalks (heading 9609).

3. Any products classifiable in heading 2517 and any other heading of this Chapter are to be classified in heading 2517.

4. Heading 2530 applies, inter alia, to : vermiculite, perlite and chlorites, unexpanded; earth colours, whether or not calcined or mixed together; natural micaceous iron oxides; meerschaum (whether or not in polished pieces); amber; agglomerated meerschaum and agglomerated amber, in plates, rods, sticks or similar forms, not worked after moulding; jet; strontianite (whether or not calcined), other than strontium oxide; broken pieces of pottery, brick or concrete.

SUPPLEMENTARY NOTE :

In heading 2523, “sagol” means cement obtained by heating limestone and burnt coal in a kiln; and “ashmoh” means cement obtained by fine grinding of paddy husk, ash and hydrated lime with an additive.

ANTI-DUMPING DUTY NOTIFICATIONS Anti-dumping duty on White Portland cement originating in, or exported from, the U.A.E. and Iran:
[Notfn. No. 99/01-Cus. dt. 3.10.2001]

WHEREAS in the matter of import of white portland cement falling under sub-heading No. 2523.21 of the First Schedule to the Customs Tariff Act, 1975( 51 of 1975), originating in, or exported from, the UAE and Iran and imported into India, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22nd February, 2001, had come to the conclusion that-

(a) White cement has been exported to India from UAE and Iran below its normal value ;

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

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 64/2001-Customs dated 14th June 2001, published in the Gazette of India, Extraordinary Part II , Section 3, Sub section (i) vide G.S. R 435 (E) dated the 14th June , 2001;

AND WHEREAS the designated authority vide its final findings , published in the Gazette of India, Extraordinary Part I, Section 1, dated the 30th August, 2001 has come to the conclusion that-

(a) white Cement has been exported to India from UAE and Iran below its normal value

(b) the Indian industry has suffered injury and is facing threat of more injury; and

(c) the injury has been caused by the dumped imports from subject countries.

AND WHEREAS M/s. Ras Al Khaimah Co. for White Cement & Construction Materials, UAE , have given an undertaking under rule 15 of the Customs Tariff ( Identification, Assessment and Collection of Anti dumping duty on Dumped Articles and for Determination of Injury) Rules, 1995 with respect to their exports of white cement to India, on the following three conditions , namely-

a) the Cost Insurance Freight price shall not be less than US$ 100 per MT ;

b) the imports shall be through the Ports of Chennai, Tuticorin, Cochin, Mumbai and Kandla ;

c) the payment shall be made by Letter of Credit payable within 30 days from date of Bill of Lading,

AND the Designated Authority has accepted the aforesaid undertaking given by M/s. Ras Al Khaimah Co. for White Cement & Construction Materials, UAE;

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 rules 18 and 20 of the said Customs Tariff ( Identification, Assessment and Collection of Anti dumping duty on Dumped Articles and for Determination of Injury) Rules, the Central Government, on the basis of the final findings of the designated authority, hereby imposes on white portland cement falling under subheading No. 2523.21 of the said Customs Tariff Act, originating in or exported from the countries specified in column(1) of the Table annexed hereto, by the exporters specified in column(2) of the said Table, and imported into India, an anti-dumping duty at the rates specified in column(3) of the said Table.

TABLE

Name of the Country	Name of the exporter	Rate ( US $ per MT)
(1)	(2)	(3)
UAE	All exporters excluding M/s. Ras Al Khaimah Co. for White Cement & Construction Materials	32
Iran	All exporters	38

Provided that an anti dumping duty shall be imposed on white portland cement falling under sub-heading No. 2523.21 of the said Customs Tariff Act, when exported by M/s. Ras Al Khaimah Co. for White Cement & Construction Materials, UAE if –

a) the Cost Insurance Freight price is less than US$ 100 per MT ; or

b) the imports are not through the ports of Chennai, Tuticorin, Cochin, Mumbai and Kandla ; or

c) the payment is not by Letter of Credit payable within 30 days from the date of Bill of Lading, in terms of the undertaking given to the designated authority by the said M/s. Ras Al Khaimah Co. for White Cement & Construction Materials, UAE.

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of provisional duty i.e 14th June 2001 and shall be payable in Indian currency.

Explanation:- For the purposes of this notification, 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 subclause (i) of clause(a) of sub-section (3) of section 14 of the Customs Act, 1962( 52 of 1962) 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.

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