ieport.com-Anti Dumping duty on Acrylic Fibre

CUSTOMS NOTIFICATION No.72/2001 Dated 28^th June, 2001
Anti Dumping duty on Acrylic Fibre

WHEREAS in the matter of import of Acrylic Fibre falling under Chapter 55 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from USA, Thailand and Korea RP (hereinafter referred to as “subject countries”), the Designated Authority, vide its final finding, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14^th October, 1997, had come to the conclusion that –

AND WHEREAS on the basis of the aforesaid final findings of the Designated Authority, the Central Government had imposed anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.81/97-Customs, dated the 24^th October, 1997 [G.S.R. 619(E), dated the 24^th October, 1997], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 24^th October, 1997;

AND WHEREAS the Designated Authority vide its final findings in review, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 19^th April, 2000, had concluded that-

AND WHEREAS on the basis of the final findings in review of the Designated Authority, the Central Government had imposed anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.86/2000-Customs, dated the 8^th June, 2000 [G.S.R. 527(E), dated the 8^th June, 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 8^th June, 2000;

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi (hereinafter referred to as CEGAT), in its final order No.1/2001-AD, dated the 12^th February, 2001 in Appeal No.C/266/2000-AD with C/Cross/304/2000-AD in the matters of M/s. Thai Acrylic Fibre Company Ltd. and Forum of Acrylic Fibre Manufacturers respectively has held that “the anti-dumping duty imposable on all exporters from USA comes to 0.296 US $ per kg., anti-dumping duty on all exporters from Korea RP works out to 0.534 US$ per kg. and in the case of M/s. Thai Acrylic Fibre Company Ltd. it is 0.180 US$ per kg. and all other exporters from Thailand at 0.784 US$ per kg. It is given in a tabular form herein below:

S.No.	Name of the Country	Name of the Exporter	Amount of duty (US $ per kg.)
1.	USA	All Exporters	0.296
2.	Korea RP	All Exporters	0.534
3.	Thailand	(i) Thai Acrylic Fibre Co. Ltd.	0.180
		(ii) All Other Exporters	0.784” ;

AND WHEREAS the Designated Authority has accepted the above order of CEGAT dated the 12^th February, 2001;

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1), (5) and (6) of section 9A of the said Customs Tariff Act, read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.86/2000-Customs, dated the 8^th June, 2000 [G.S.R. 527(E), dated the 8^th June, 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 8^th June, 2000, the Central Government, except as respects things done or omitted to be done before such supersession, 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.	USA	All Exporters	0.296
2.	Korea RP	All Exporters	0.534
3.	Thailand	M/s. Thai Acrylic Fibre Company Ltd.	0.180
		Other Exporters	0.784

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 24^th day of April, 2002, unless the time limit is extended or the notification is revoked before such time, by notification published in the Official Gazette.

Explanation.- For the purposes of this notification, the anti-dumping duty shall be paid in Indian currency. The “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 powers under sub-clause (i) of clause (a) of sub-section (3) of 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.

(a)	Acrylic Fibre originating in, or exported from, USA, Thailand and Korea RP, has been exported to India below its normal value;
(b)	the domestic industry has suffered material injury;
(c)	the injury has been caused to the domestic industry by the exports originating in or exported from USA, Thailand and Korea RP;

(a)	Acrylic Fibre originating in, or exported from, subject countries has been exported to India below its normal value;
(b)	the domestic industry would suffer material injury in case the anti-dumping duty in force is removed;
(c)	the injury to the domestic industry would be caused from imports from subject countries in case the anti-dumping in force is removed;