Notification No. 69/2008 - Customs dated 15.5.2008
Anti-dumping duty on import of fully drawn yarn or fully oriented yarn or spin drawn yarn or flat yarn of polyester (non-textured and non-POY) and other yarns

G.S.R…. (E). - Whereas, in the matter of import of fully drawn yarn or fully oriented yarn or spin drawn yarn or flat yarn of polyester (non-textured and non-POY) and other yarns (hereinafter referred to as the subject goods) falling under tariff items 5402 44 00 or 5402 47 00 (since substituted for the erstwhile tariff item 5402 43 00) of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported, from Indonesia, Republic of Korea, Malaysia and Chinese Taipei (hereinafter referred to as the subject countries), the designated authority in its preliminary findings vide notification No. 14/3/2005-DGAD, dated the 3rd July, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd July ,2006, had come to the conclusion that –

(i) the subject goods originating in or exported, from subject countries have been exported to India below their normal values;

(ii) the domestic industry has suffered material injury; and

(iii) the injury has been caused to the domestic industry by dumped imports of subject goods originating in, or exported, from the subject countries;

and had recommended imposition of provisional anti-dumping duty on imports of the subject goods of all grades, originating in, or exported, from the subject countries;

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.82/2006–Customs, dated the 21st August, 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 21st August, 2006 vide G.S.R. 495(E), dated the 21st August, 2006;

And whereas the designated authority in its final findings vide notification No.14/3/2005 -DGAD, dated the 26th December, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th December, 2006, read with amendment No.14/3/2005-DGAD, dated 24th January, 2007, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 24th January, 2007, has extended the scope of subject goods to include Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester falling under tariff item 5402 44 00 or 5402 46 00 of the First Schedule of the said Customs Tariff Act, had come to the conclusion that –

(i) subject goods originating in, or exported from, subject countries have been exported to India below their normal value;

(ii) the domestic industry has suffered material injury;

(iii) the injury has been caused to the domestic industry by dumped imports of subject goods originating in, or exported from, the subject countries;

And whereas, M/s H.K. Corporation, Republic of Korea, had furnished the price 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, so as not to export subject goods below such price and the designated authority has accepted the price undertaking for specified product specifications as per the terms and conditions set out in the said undertaking;

And whereas the designated authority had recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported from, the subject countries, in order to remove the injury to the domestic industry;

And whereas, on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 15/2007-CUSTOMS, dated the 20th February, 2007, [G.S.R. 94(E), dated the 20th February, 2007], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 20th February, 2007;

And whereas, the designated authority vide its notification No. 14/3/2005-DGAD dated the 27th March, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th March, 2008 has revoked the price undertaking, furnished by M/s H.K. Corporation, Republic of Korea, 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 and has ordered to resume the investigation suspended vide notification No.14/3/2005 -DGAD, dated the 26th December, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th December, 2006;

and has recommended imposition of provisional anti-dumping duty, on all imports of the subject goods, exported by M/s H.K. Corporation, Republic of Korea, pending final determinations;

now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 and 20 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, on the basis of the aforesaid recommendation and revocation of the price undertaking by the designated authority, hereby imposes on the subject goods of any specification, falling under heading 5402 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), produced and exported by M/s H.K. Corporation, Republic of Korea, and imported into India, an anti-dumping duty at the rate of US$ 107 per metric tonne.

2 The anti-dumping duty imposed under this notification shall be levied with effect from the 15th November, 2007, and shall be effective upto and inclusive of the 14th day of November, 2008 and shall be paid 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 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 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.

F.No.354/80/2006-TRU

(S.Bajaj)
Under Secretary to the Government of India

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