Notification No. 123/2008-Customs dated 20.11.2008
Anti dumping duty on Acrylic Fibre (Chapter 55)
G.S.R. (E). – Whereas the designated authority, vide notification No.
10/7/2006-DGAD, dated the 8th October, 2007, published in Part I, Section 1 of
the Gazette of India, Extraordinary, dated the 8th October, 2007 had initiated
review, in terms of sub-section (5) of section 9A of the Customs Tariff Act,
1975 (51 of 1975) and in pursuance of rule 23 of the Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to
as the said rules), in the matter of continuation of anti-dumping duty on
Acrylic Fibre falling under Chapter 55 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the subject goods),
originating in, or exported from, Korea RP and Thailand (hereinafter referred to
as the subject countries) levied vide notification of the Government of India in
the erstwhile Ministry of Finance and Company Affairs (Department of Revenue),
106/2002-Customs, dated the 9th October, 2002, published in Part II, Section 3,
Sub-section (i) of the Gazette of India, Extraordinary vide number G.S.R.692(E),
dated the 9th October, 2002;
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in, or exported from, the subject countries upto and
inclusive of the 8th October, 2008 vide notification of the Government of India,
in the Ministry of Finance (Department of Revenue), No. 113/ 2007-Customs, dated
16th November, 2007, vide number G.S.R. 721(E), dated the 16th November, 2007,
published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 16th November, 2007;
And whereas, in the matter of review of anti-dumping on import of the subject
goods, originating in, or exported from, the subject countries, the designated
authority vide its final findings No. 10/7/2006-DGAD, dated the 3rd October,
2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 3rd October, 2008, has come to the conclusion that-
(a) the subject goods are entering the Indian market at dumped prices and
dumping margins of the subject goods imported from Thailand and Korea RP are
substantial and above de-minimis;
(b) the subject goods are likely to enter the Indian market at dumped prices and
the likely dumping margins in respect of imports from Thailand and Korea RP is
substantial and above de-minimis;
(c) the subject goods are likely to enter Indian market at dumped prices, should
the present measures be withdrawn; and
(d) even though the domestic industry has improved its performance during the
POI, the situation of domestic industry continues to be fragile and dumped
imports from subject countries continue to cause a substantial injury to the
domestic industry and if the present anti dumping duties is revoked, injury to
the domestic industry is likely to continue and intensify;
and has recommended continued imposition of definitive anti-dumping duty against
the subject goods, originating in, or exported from, the subject countries 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 said Customs Tariff Act, read with rule 23 of the said
rules, the Central Government, hereby imposes on the said Acrylic Fibre falling
under Chapter 55 of the First Schedule to the said Customs Tariff Act, when
originating in, or exported from, the countries specified in column (2) of the
Table hereto annexed, by the exporters mentioned in the corresponding entry in
column (3) of the said Table and imported into India, an anti-dumping duty at
the rate specified in the corresponding entry in column (4) of the said Table.
Table
| S. No. |
Name of the country |
Name of the exporter |
Amount of duty (US $ per kg.) |
| (1) |
(2) |
(3) |
(4) |
| 1. |
Korea RP |
All exporters |
0.225 |
| 2. |
Thailand |
M/s. Thai Acrylic Fibre Co. Ltd. |
0.16 |
| Other exporters |
0.313: |
Provided that no anti-dumping duty shall be imposed on Homopolymer Acrylic Fibre,
falling under Chapter 55 of the First Schedule to the said Customs Tariff Act,
containing 100 per cent. Acrylonitrile, when originating in, or exported from,
the countries specified in column (2) of the above Table and imported into
India, if the price of such imported Homopolymer Acrylic Fibre is equal to or
higher than US $ 2.40 per kilogram CIF (cost, insurance and freight), subject to
a variation of 5 per cent. in the said CIF value.
2. The anti-dumping duty imposed under this notification shall be effective for
a period of five years (unless revoked, superseded or amended earlier) from the
date of publication of this notification in the Gazette of India and shall be
paid in Indian currency.
Explanation. - For the purposes of this notification, rate of exchange
applicable for the purposes of calculation of 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 conferred by 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.
[F.No.354/48/2002-TRU]
(Unmesh Wagh)
Under Secretary to the Government of India.
ieport.com - India's Premier portal on Customs
matters