Customs Notification
No.114/2007 dated 28.11.2007
Anti dumping duty on Nylon Tyre Cord Fabrics
G.S.R.(E). - Whereas in the matter of import of Nylon Tyre Cord Fabrics
(hereinafter referred to as the subject goods), falling under sub-heading 5902
10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in, or exported from, the People’s Republic of China (hereinafter
referred to as the subject country) and imported into India, the designated
authority vide its final findings, in notification No. 14/20/2003-DGAD, dated
the 9th March 2005 published in the Gazette of India, Extraordinary, Part I,
Section I, dated the 7th April, 2005 had come to the conclusion that-
(i) subject goods of all types, originating in or exported from the subject
country have been exported to India below normal value, resulting in dumping;
(ii) the domestic industry has suffered material injury;
(iii) material injury has been caused by dumped imports from the subject
country; and
had recommended imposition of anti-dumping duty on all imports of the subject
goods from subject country in order to remove the injury to the domestic
industry;
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 of the Government of India in the Ministry of Finance
(Department of Revenue), No. 36/2005-Customs, dated the 27th April, 2005,
published in Part II, Section 3, Sub-Section (i) of the Gazette of India,
Extraordinary, dated the 27th April, 2005 [G.S.R. 248 (E), dated the 27th April,
2005];
And whereas, M/s Qingdao Lian Chuang Stock Company Ltd., People’s Republic of
China has requested for review in terms of rule 22 of the Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995 in respect of exports of
the subject goods made by them, and the designated authority, vide new shipper
review notification No. 15/24/2006-DGAD dated the 30th October, 2007 published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st
October, 2007, has recommended provisional assessment of all exports of the
subject goods made by M/s Qingdao Lian Chuang Stock Company Ltd., People’s
Republic of China till the completion of the review by it;
Now, therefore, in exercise of the powers conferred by sub-rule (2) of rule 22
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, after considering the aforesaid recommendation of the
designated authority, hereby orders that pending the outcome of the said review
by the designated authority, the subject goods, when exported by M/s Qingdao
Lian Chuang Stock Company Ltd., People’s Republic of China and imported into
India, shall be subjected to provisional assessment till the review is
completed.
2. The provisional assessment may be subject to such security or guarantee as
the proper officer of customs deems fit for payment of the deficiency, if any,
in case a definitive anti dumping duty is imposed retrospectively, on completion
of investigation by the designated authority.
3. In case of recommendation of anti-dumping duty after completion of the said
review by the designated authority, the importer shall be liable to pay the
amount of such antidumping duty recommended on review and imposed on all imports
of subject goods exported by M/s Qingdao Lian Chuang Stock Company Ltd.,
People’s Republic of China and imported into India, from the date of initiation
of the said review.
[F.No.354/63/2004-TRU (Pt.I)]
(S. Bajaj)
Under Secretary to the Government of India
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