Seeks to impose final anti dumping duty on partially oriented yarn imported from Thailand, Indonesia, Malaysiaand Chinese Taipei - 086/2007 - Anti Dumping Duty

Seeks to impose final anti dumping duty on partially oriented yarn imported from Thailand, Indonesia, Malaysia and Chinese Taipei [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) New Delhi, dated the 10 th July, 2007 NOTIFICATION No. 86/2007-CUSTOMS G.S.R. (E). - Whereas, the designated authority, vide its notification No. 15/9/2005-DGAD, published in Part I, Section I of the Gazette of India, Extraordinary, dated the 20 th December, 2005, had initiated a review in the matter of continuation of anti-dumping duties on imports of 1 [partially oriented yarn of polyester] (hereinafter referred to as the subject goods),falling under heading 5402 of the First Schedule to the Customs Tariff Act 1975, (51 of 1975), originating in, or exported from, Thailand, Indonesia, Malaysia and Chinese Taipei (hereinafter referred to as the subject countries), imposed vide notification No. 15/2002-Customs, dated the 8 th February, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 92(E),dated the 8 th February, 2002; And whereas, the Central Government has extended the anti-dumping duty on the subject goods, originating in, or exported from the subject countries up to and inclusive of the11 th April, 2007 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.22/2006-Customs, dated the 2 nd March, 2006, numberG.S.R.128 (E), dated the 2 nd March, 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 2 nd March, 2006; And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from the subject countries, the designated authority vide its final findings No.15/9/2005-DGAD dated the 18 th June, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18 th June, 2007, has come to the conclusion that - (i) subject goods originating in or exported from the 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 the subject goods from the subject countries; (iv) anti dumping duties are required to be imposed in respect of imports from the subject countries, as withdrawal thereof would lead to continuation of dumping and injury; and has recommended continued imposition of definitive anti-dumping duty against the subject goods, originating in, or exported from the subject countries; Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18 and 23 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 heading 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) of the said Table, originating in the countries as specified in the corresponding entry in column (5), exported from the countries as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate 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,- Table . Sl.No Heading Description of goods Specification Country of origin Country of Export Producer Exporter Amount Unit of Measurement Currency (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 1 5402 1 [Partially Oriented Yarn of Polyester Any Chinese Taipei Chinese Taipei Any Any 461.52 MT US$ 2 5402 Partially Oriented Yarn of Polyester Any Chinese Taipei Any other than Chinese Taipei Any Any 461.52 MT US$ 3 5402 Partially Oriented Yarn of Polyester Any Any other than subject countries Chinese Taipei Any Any 461.52 MT US$ 4 5402 Partially Oriented Yarn of Polyester Any Thailand Thailand Any Any 83.74 MT US$ 5 5402 Partially Oriented Yarn of Polyester Any Thailand Any other than Thailand Any Any 83.74 MT US$ 6 5402 Partially Oriented Yarn of Polyester Any Any other than subject countries Thailand Any Any 83.74 MT US$ 7 5402 Partially Oriented Yarn of Polyester Any Indonesia Indonesia M/s PT Polysindo Eka Perkasa, M/s PT Polysindo Eka Perkasa, 88.68 MT US$ 8 5402 Partially Oriented Yarn of Polyester Any Indonesia Indonesia Any other than M/s PT Polysindo Eka Perkasa, Any other than M/s PT Polysindo Eka Perkasa, 140.05 MT US$ 9 5402 Partially Oriented Yarn of Polyester Any Indonesia Any other than Indonesia Any Any 140.05 MT US$ 10 5402 Partially Oriented Yarn of Polyester Any Any other than subject countries Indonesia Any Any 140.05 MT US$ 11 5402 Partially Oriented Yarn of Polyester Any Malaysia Malaysia M/s Hualon Corporation (M) Sdn BHD. M/s Hualon Corporation (M) Sdn BHD. 74.13 MT US$ 12 5402 Partially Oriented Yarn of Polyester Any Malaysia Malaysia Any other than M/s Hualon Corporation (M) Sdn BHD., Any other than M/s Hualon Corporation (M) Sdn BHD., 185.03 MT US$ 13 5402 Partially Oriented Yarn of Polyester Any Malaysia Any other than Malaysia Any Any 185.03 MT US$ 14 5402 Partially Oriented Yarn of Polyester] Any Any other than subject countries Malaysia Any Any 185.03 MT US$ 2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette. The anti-dumping duty 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 conferred by 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.357/01/2001-TRU (Pt-I)] (G.G. Pai) Under Secretary to the Government of India ********************************* Notes : 1. For the words "partially oriented yarn" the words "partially oriented yarn of polyester" has been substituted vide Notification No. 132/2008 Cus dated 10/12/2008