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Customs Notification No-82/2006 dated
21.08.2006
Anti-dumping duty on import of non-POY levied
Whereas in the matter of import of fully drawn yarn or fully oriented yarn or
spin drawn yarn or flat yam of polyester (non-textured and non-POY) and other
yarn (hereinafter referred to as the subject goods) falling under 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 July2006, has 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 has
recommended imposition of provisional anti-dumping duty, pending final
determination, 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 (2) of
section 9A of the said Customs Tariff Act, read with rules 13 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 findings of the designated authority,
hereby imposes on the goods, the description of which is specified in column (3)
of the Table below, falling under tariff item of the First Schedule to the said
Customs Tariff Act as specified in the corresponding entry in column (2),
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
S. No. | Tariff item | Description of goods | Specifi-cation | Country of Origin | Country of export | Producer | Exporter | Amount | Unit of Measur- ement |
Curr- ency |
---|---|---|---|---|---|---|---|---|---|---|
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
1 | 5402 43 00 | Fully drawn yarn | Any | Indonesia | Any | Any other than P.T. Mutu Gading Tekstil | Any other than P.T. Mutu Gading Tekstil | 699 | MT | US Dollar |
2 | 5402 43 00 | Fully drawn yarn | Any | Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei | Indonesia | Any | Any | 699 | MT | US Dollar |
3 | 5402 43 00 | Fully drawn yarn | Any | Republic of Korea | Any | H.K. Corporation, | H.K. Corporation, | 107 | MT | US Dollar |
4 | 5402 43 00 | Fully drawn yarn | Any | Republic of Korea | Any | Any other than H.K. Corporation, Hyosung Corporation, Saehan Industry and Huvis Corporation | Any other than H.K. Corporation, Hyosung Corporation, Saehan Industry and Huvis Corporation | 558 | MT | US Dollar |
5 | 5402 43 00 | Fully drawn yarn | Any | Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei | Republic of Korea | Any | Any | 558 | MT | US Dollar |
6 | 5402 43 00 | Fully drawn yarn | Any | Malaysia | Any | Hualon Corporation | Hualon Corporation | 140 | MT | US Dollar |
7 | 5402 43 00 | Fully drawn yarn | Any | Malaysia | Any | Any other than Hualon Corporation | Any other than Hualon Corporation | 419 | MT | US Dollar |
8 | 5402 43 00 | Fully drawn yarn | Any | Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei | Malaysia | Any | Any | 419 | MT | US Dollar |
9 | 5402 43 00 | Fully drawn yarn | Any | Chinese Taipei | Any | Nan Ya Plastics Corporation | Nan Ya Plastics Corporation | 57 | MT | US Dollar |
10 | 5402 43 00 | Fully drawn yarn | Any | Chinese Taipei | Any | China Man made Fiber Corporation | China Man made Fiber Corporation | 268 | MT | US Dollar |
11 | 5402 43 00 | Fully drawn yarn | Any | Chinese Taipei | Any | Any other than Nan Ya Plastics Corporation and China Man made Fiber Corporation | Any other than Nan Ya Plastics Corporation and China Man made Fiber Corporation | 421 | MT | US Dollar |
12 | 5402 43 00 | Fully drawn yarn | Any | Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei | Chinese Taipei | Any | Any | 421 | MT | US Dollar |
2. The anti-dumping duty imposed under this notification shall be effective upto
and inclusive of the 20th day of February 2007, 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 Customs Act, 1962 (52 of 1962) and the relevant date for the
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