Customs Notification
No.92/2007 dated 03.08.2007
Antidumping duty on partially oriented yarn (POY)
G.S.R. (E). – Whereas in the matter of import of partially oriented yarn
generally known as POY (hereinafter referred to as the subject goods) classified
under erstwhile tariff item 5402 42 00, 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), the
designated authority, in its preliminary findings vide notification No.
14/10/2005-DGAD, dated the 4th July 2006, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 4th July 2006, had come to the
conclusion that –
(a) the subject goods originating in or exported from subject country have been
exported to India below their normal values;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused to the domestic industry by dumped imports of
subject goods originating in or exported from subject country;
(d) the Authority considers it necessary to recommend provisional antidumping
duty on imports of subject goods originating in or exported from the subject
country;
and had recommended imposition of provisional anti-dumping duty on the imports
of subject goods, originating in, or exported from, the subject country;
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.77/2006–Customs, dated the 2nd August, 2006,
published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 2nd August, 2006 [vide number G.S.R. No. 458(E), dated
the 2nd August, 2006];
And whereas, the designated authority in its final findings vide notification
No.14/10/2005 -DGAD, dated the 8th June, 2007, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 8th June, 2007, has come to
the conclusion that-
(a) subject goods originating in or exported from the subject country have been
exported to India below their normal values;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused to the domestic industry by dumped imports of the
subject goods originating in or exported from the subject country;
and has recommended the imposition of definitive anti-dumping duty on imports of
the subject goods originating in, or exported from, the subject country;
Now, therefore, in exercise of the powers conferred by sub-section (1) of
section 9A of the Customs Tariff Act, 1975 (51 of 1975), 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 subject goods, the description of which is specified in column
(3) of the Table below, falling under heading of the First Schedule to the
Customs Tariff Act, 1975, as specified in the corresponding entry in column (2),
the specification of which is specified in column (4) of the said Table,
originating in the countries specified in the corresponding entry in column (5),
and exported from the countries specified in the corresponding entry in column
(6) and produced by the producers specified in the corresponding entry in column
(7) and exported by the exporters specified in the corresponding entry in column
(8), and imported into India, an anti-dumping duty which shall be equal to the
amount 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.
Table
| Serial Number |
Hea- ding |
Des- crip- tion of goods |
Spe- cifica-tion |
Country of origin |
Country of Export |
Prod- ucer |
Expo- rter |
Amount |
Unit of Mea- sure-ment |
Currency |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
| 1 |
5402 |
Partially Oriented Yarn |
Any |
People’s Republic of China |
Any |
Any |
Any |
545.22 |
Metric tonne |
US$ |
| 2 |
5402 |
Partially Oriented Yarn |
Any |
Any |
People’s Republic of China |
Any |
Any |
545.22 |
Metric tonne |
US$ |
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, that
is, the 2nd 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.
(S.Bajaj)
Under secretary to the Government of India
[F.No.354/100/2006-TRU]
ieport.com - India's Premier portal on Customs
matters