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 Customs Notification No-15/2007 dated 20.2.2007
 Anti-dumping duty on Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester (54024400, 54044600, 54024700)

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;

(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. No. 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, has 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, have 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 has 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;

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) of the said section 9A 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 aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table I below, falling under tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4), originating in the country as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the country as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty equal to the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10) of the said Table I.
 
Table I.
 
S. No. Tariff head- ings Descri- ption of goods Spe- cifi-cat- ion Country of origin Country of Export Producer Exporter Amo-unt Unit of Mea- sure- ment Curr-ency
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
1 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Indonesia Any M/s P.T. Mutu Gading Tekstil, Indonesia M/s P.T. Mutu Gading Tekstil, Indonesia Nil MT US$
2 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Indonesia Any M/s P.T. Mutu Gading Tekstil, Indonesia Any other than above 490 MT US$
3 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Indonesia Any Any other than above Any 490 MT US$
4 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Any other than Subject Countries Indonesia Any Any 490 MT US$
5 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Republic of Korea Any M/s H.K. Corporation, Korea Any other than above 588 MT US$
6 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Republic of Korea Any M/s Hyosung Corporation, Korea M/s Hyosung Corporation, Korea 64 MT US$
7 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Republic of Korea Any M/s Hyosung Corporation, Korea Any other than above 588 MT US$
8 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Republic of Korea Any M/s Saehan Industies Inc, Korea M/s Saehan Industies Inc, Korea Nil MT US$
9 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Republic of Korea Any M/s Saehan Industies Inc, Korea Any other than above 588 MT US$
10 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Republic of Korea Any M/s Huvis Corporation, Korea M/s Huvis Corporation, Korea Nil MT US$
11 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Republic of Korea Any M/s Huvis Corporation, Korea Any other than above 588 MT US$
12 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Republic of Korea Any Any other than the Korean producers named above Any 588 MT US$
13 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Any other than Subject Countries Republic of Korea Any Any 588 MT US$
14 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Malaysia Any M/s Hyalon Corporation. M/s Hyalon Corporation. 163 MT US$
15 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Polyester Any Malaysia Any M/s Hyalon Corporation. Any other than above 456 MT US$
16 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Malaysia Any Any other than above Any 456 MT US$
17 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Any other than Subject Countries Malaysia Any Any 456 MT US$
18 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Chinese Taipei Any M/s Nan Ya Plastics Corporation M/s Nan Ya Plastics Corporation 40 MT US$
19 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Chinese Taipei Any M/s Nan Ya Plastics Corporation Any other than above 390 MT US$
20 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Chinese Taipei Any Any other than above Any 390 MT US$
21 5402 44 00,5404 46 00 or5402 47 00 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester Any Any other than Subject Countries Chinese Taipei Any Any 390 MT US$

Provided that no anti-dumping duty shall be imposed on subject goods produced and exported by M/s H.K. Corporation, Republic of Korea, the product specification of which is specified in column (2) of Table II below, when imported into India, if the free on board (FOB) Korea price of such imported goods is equal to or higher than the price specified in the corresponding entry in column (3) of the said Table II:
Table II.
 
S.No Product specification. Price (in US$ per kg).
(1) (2) (3)
1 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester 75/36 SBR 1.40
2 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester 75/36 SD 1.46
3 Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester 75/72 SD 1.46

Provided further that if M/s H.K. Corporation, Republic of Korea, export goods other than those specified in Table II, such products shall attract the applicable anti-dumping duty as specified in Table I.

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 21st August, 2006, and shall be paid 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 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.

[F.No.354/80/2006-TRU]

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