CUSTOMS
NOTIFICATION No.15/2001 Dated 9.2.2001
Anti-Dumping Duty on import of Sports Shoes, non-leather sports
footwear from China
WHERERAS
in the matter of import of Sports Shoes, non-leather sports footwear
(hereinafter referred to as ‘the subject goods’), falling under sub-heading
Nos.6402.12, 6402.19, 6403.12, 6403.19, 6404.11, 6405.20 or 6405.90 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, the People’s Republic of China, the Designated Authority vide
its preliminary findings, published in the Gazette of India, Extraordinary, Part
I, Section 1, dated the 25th January, 2001, has come to the
conclusion that –
|
(a) |
the
subject goods, originating in, or exported from, the People’s Republic
of China have been exported to India below their normal value; |
|
(b) |
the
domestic industry has suffered material injury by way of decline in its
market share and financial losses due to depressed selling prices on
account of price depression caused by low landed prices of the dumped
subject goods; |
|
(c) |
the
injury has been caused to the domestic industry by dumping of the subject
goods originating in, or exported from, the People’s Republic of China; |
|
|
|
and
the Designated Authority has considered it necessary to impose anti-dumping
duty, provisionally, pending final determination, on all imports of the subject
goods, originating in, or exported from, the People’s Republic of China;
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 above findings of the Designated Authority, hereby imposes
on Sports Shoes, non-leather sports footwear, of categories specified in column
(2) of the Table annexed hereto, falling under sub-heading No.6402.12, 6402.19,
6403.12, 6403.19, 6404.11, 6405.20 or 6405.90 of the First Schedule to the said
Customs Tariff Act, originating in, or exported from, the People’s Republic of
China, when exported by any exporter/producer, and imported into India, an
anti-dumping duty at the rate which shall be calculated as the difference
between the corresponding amount mentioned in column (3) of the said Table and
the landed value of such imported subject goods in US $ per pair.
|
S.No. |
Category
of Sports Shoes |
Amount (US
$ per pair) |
|
(1) |
(2) |
(3) |
|
1. |
(a)
Bearing brand name of Nike, Reebok or Adidas (b)
Unbranded or bearing brand names other than (a) above |
18.44 6.277 |
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 8th day of August, 2001, and shall be payable in Indian currency.
Explanation
– For the purposes of this notification,-
|
(a) |
“landed
value” means the assessable value as determined under the Customs Act,
1962
(52 of 1962) and includes all duties of customs except duties
levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; |
|
(b) |
“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 under
sub-clause (i) of clause (a) of sub-section (3) of section 14 of
the said Customs Act, 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. |
Sd/-
|