Notification No. 111/2008-Customs dated 22.10.2008
Anti dumping duty on fully drawn yarn or fully printed
yarn or fully oriented yarn or spin drawn yarn or flat yarn of polyester and
other yarns (54024400 or 54024700)
G.S.R. (E). -Whereas the designated authority vide notification No.
14/3/2005-DGAD, dated the 8th September, 2008, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 8th September, 2008, had come
to the conclusion that M/s H.K. Corporation, Republic of Korea had violated the
conditions of the price undertaking given in terms of rule 15 of the Customs
Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995, and had decided to treat
M/s H.K. Corporation, Republic of Korea as a non-cooperating exporter and had
recommended imposition of definitive final anti-dumping duty on imports of fully
drawn yarn or fully printed yarn or fully oriented yarn or spin drawn yarn or
flat yarn of polyester and other yarns falling under Chapter 52 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to
as the subject goods), produced or exported by M/s H.K Corporation, Republic of
Korea, at a rate equal to US$ 588 per Metric Tonne (MT), which is also the rate
applicable to all other non-cooperating exporters from Republic of Korea as
notified vide notification of the Government of India, Ministry of Finance
(Department of Revenue), No.15/2007-CUSTOMS, dated the 20th February, 2007,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R. 94(E), dated the 20th February, 2007;
And whereas the Central Government had imposed a provisional anti-dumping duty
at the rate of US$ 107 per MT on the subject goods produced and exported by M/s
H.K. Corporation, Republic of Korea and imported into India vide notification of
the Government of India, Ministry of Finance (Department of Revenue),
No.69/2008-CUSTOMS, dated the 15th May, 2008, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 379(E),
dated the 15th May, 2008;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5)
of section 9A of the said Act, read with rules 18 and 20 of the said Rules, the
Central Government hereby makes the following further amendments in the
notification of the Government of India, Ministry of Finance (Department of
Revenue), No.15/2007-CUSTOMS, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 94(E), dated the 20th
February, 2007, namely: -
In the said notification, -
(I) in the Table I, S. No. 5 and the entries relating thereto, shall be omitted;
(II) after paragraph 2, and before the Explanation, the following paragraph
shall be inserted, namely:-
“3. The anti-dumping duty imposed under this notification on imports of fully
drawn yarn or fully printed yarn or fully oriented yarn or spin drawn yarn or
flat yarn of polyester and other yarns falling under Chapter 52 of the First
Schedule to the said Customs Tariff Act, produced and exported by M/s H.K.
Corporation, Republic of Korea and imported into India, shall be levied with
effect from the 15th November, 2007”.
[F.No.354/80/2006-TRU]
(Sonal Bajaj)
Under Secretary to the Government of India
Note.- The principal notification No.15/2007-CUSTOMS, dated the 20th February,
2007, was published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R. 94(E), dated the 20th February, 2007 and was
last amended by the notification No.68/2008-CUSTOMS, dated the 15th May, 2008,
which was published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R. 378(E), dated the 15th May, 2008.
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