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2008 (9) TMI 370

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..... for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - The dispute in the present appeal relates to correct rate of anti-dumping duty in respect of Metcoke imported by the appellant from China. The undisputed facts are that the said consignment of coke was imported by the appellant from M/s. Shanxi Minmetals Industrial & Trading Co. Ltd. China. In terms of Notification No. 69/2000-Cus., .....

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..... t from M/s. Shanxi Minmetals Industrial & Trading Co. Ltd. China. 3. As the Revenue's case is that inasmuch as the exporter is not the one as appearing against Sr. No. 3 of the notification, and exporter's name is not specified against any other Sr. No. of said notification, residuary entry against Sr. No. 7 will apply which attracts higher anti-dumping duty. Accordingly, demand of duty of Rs. 3 .....

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..... g that notification partially exempted the companies mentioned at Sr. No. 1 to 6 of the list, incorporated in the notification. Inasmuch as there is a specific name of the company against Sr. No. 3 of the notification, the appellant's contention that no such company exists, cannot be accepted. In any case, he has referred to the website of M/s. Shanxi Coal Import Export Group Corporation (Minmetal .....

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..... l these cases are not covered in the notification. The lower rate of duty will be applicable only and only when the exporter is notified exporter in the notification. Inasmuch as the exporter in the present case is not a notified exporter in the notification, the residuary Sr. No. 7 stand rightly applied by the authorities below. 5. We, accordingly, uphold the impugned order and reject the appeal .....

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