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Customs Notification No.15/2002 date 8/02/2002
Final anti-dumping duty on Partially Oriented Yarn (POY) of polyesters.
Whereas in the matter of import of Partially Oriented Yarn (POY) of polyesters
(hereinafter referred to as the subject goods), falling under sub-heading
5402.42 of the First Schedule to the Customs Tariff Act,1975 (51 of 1975),
originating in, or exported from, Taiwan, Thailand, Indonesia and Malaysia, the
designated authority vide its preliminary findings, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 30th March, 2001, had come to
the conclusion that-
(a) the exporters from Taiwan, Thailand, Indonesia and Malaysia
(hereinafter referred to as the subject countries) have been exporting the
subject goods below normal value resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the dumped imports of the
subject goods from the subject countries;
and the designated authority had 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 subject countries;
And whereas on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed an anti-dumping duty on the subject goods
vide notification No.42/2001-Customs, dated the 12th April, 2001, published in
Part II, Section3, sub-section (i) of the Gazette of India, Extraordinary, dated
the 12th April,2001 vide No.G.S.R.257 (E), dated the 12th April,2001;
And whereas, the designated authority, vide its final findings, published in the
Gazette of India, Extraordinary, Part I, Section1, dated the 4th January,2002,
has come to the conclusion that-
(a) the exporters from the subject countries have been exporting subject
goods below normal value resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the dumped imports of the
subject goods from the subject countries,-
and the designated authority has considered it necessary to impose anti
dumping duty on all imports of the subject goods, originating in, or exported
from, the subject countries;
Now, therefore, in exercise of the powers conferred by sub-section (1) of
section 9A of the said Customs Tariff Act, read with sub-section (5) thereof and
rules 18 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 Partially Oriented Yarn (POY) of
polyesters, falling under sub-heading 5402.42 of the First Schedule to the said
Customs Tariff Act, originating in, or exported from Taiwan, Thailand, Indonesia
and Malaysia, and exported by exporters specified in column (2) of the Table
annexed hereto, and imported into India, an anti-dumping duty at the rate
specified in column (3) of the said Table.
S.no. | Country | Name of the exporter | Anti dumping duty (US $ per kg.) |
---|---|---|---|
(1) | (2) | (3) | (4) |
1 | Taiwan | M/s.China Man Made Corporation | 0.284 |
M/s.Tuntex-Distinct Corporation, Taiwan | 0.392 | ||
M/s.Tun Ho Spinning Weaving & Dying Co. Ltd., Taiwan | 0.215 | ||
M/s.Nan Ya Plastics Corporation, Taiwan | 0.370 | ||
M/s. Hualon Corporation, Taiwan | 0.438 | ||
M/s. China Hsin Food & Fibre Co Ltd | 0.510 | ||
Other Exporters | 0.593 | ||
2 | Thailand | M/s.Sunflag (Thailand), Ltd. | 0.037 |
M/s. Tuntex (Thailand) Ltd. | 0.260 | ||
M/s. Indo Poly | 0.483 | ||
Other exporters | 0.483 | ||
3. | Indonesia | M/s.PT Polysindo Eka Perkasa Tbk | 0.105 |
M/s.PT GT Petrochem, TBK | 0.441 | ||
Other exporters | 0.441 | ||
4. | Malaysia | All exporters | 0.464 |
2. The anti-dumping duty imposed under this notification shall be levied with
effect from the date of imposition of the provisional anti-dumping duty, i.e.,
the 12th April, 2001, and shall be payable 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 under sub-clause (i) of clause (a) of sub-section (3) of
section 14 of the said Customs Act,1962 (52 of 1962) and the relevant date for
the determination of the rate of exchange shall be the rate of presentation of
the bill of entry under section 46 of the said Customs Act.
Customs Notification No.16/2002 date 8/02/2002
Rescinds Customs Notification No.42/2001 date 12/04/2001
In exercise of powers conferred by sub-section (2) of section 9A of the
Customs Tariff Act,1975 (51 of 1975),read with rule 13 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
hereby rescinds the notification of the Government of India in the Ministry of
Finance (Department of Revenue), No.42/2001-Customs, dated the 12th April,2001
[G.S.R.257(E), dated the 12th April 2001], except as respects things done or
omitted to be done before such rescission.
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