Regarding anti dumping duty on fully
drawn or fully oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured
and non-POY), originating in, or exported from, the Peoples Republic of China,
Thailand and Vietnam
[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)
Notification No.
124/2009-Customs
New Delhi, the 11th
November, 2009
G.S.R.
(E). Whereas, in the matter of import of All Fully Drawn or Fully Oriented Yarn/Spin
Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY) (hereinafter referred
to as the subject goods), falling under sub-heading 5402 47 00 of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said
Customs Tariff Act), originating in, or exported from, the Peoples Republic of
China, Thailand and Vietnam (hereinafter referred to as the subject countries) and
imported into India, the designated authority in its preliminary findings vide notification
No.14/3/2008-DGAD dated the 23rd January, 2009, published in the Gazette
of India, Extraordinary, Part I, Section 1, dated the 27th January, 2009,
had come to the conclusion that-
(a)
the subject goods had been exported to India
from the subject countries below their normal value;
(b)
the domestic industry had suffered material
injury; and
(c)
the injury had been caused by the dumped imports
from the subject countries;
and had recommended
imposition of provisional anti-dumping duty on the imports of subject goods, 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. 29/2009-Customs, dated 26th
March, 2009, published in the Gazette of India Extraordinary, Part II, Section
3, Sub-section (i)
vide number G.S.R.201 (E), dated the 26th March, 2009;
And whereas, the designated authority
in its final findings vide notification No. 14/3/2008-DGAD dated the 29th September,
2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 5th October, 2009, had come to the conclusion that-
(a)
The subject goods had been exported to India from the subject countries below their
normal value;
(b) The domestic industry had suffered
material injury;
(c) The injury had been caused by the
dumped imports from subject countries.
and had recommended
the imposition of definitive anti-dumping duty on imports of the subject goods
originating in, or exported, from the subject countries;
Now, therefore, in exercise of the powers
conferred by sub-section (1), read with sub-section (5) of section 9A of the said
Customs Tariff Act, 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 subheading
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), when exported
from the country as specified in the corresponding entry in column (6), produced
by the producers as specified in the corresponding entry in column (7), 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 indicated 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 |
Sub heading
|
Description of Goods
|
Specification
|
Country of origin
|
Country of Export
|
Producer
|
Exporter
|
Duty Amount
|
Unit of Measurement
|
Currency
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
|
1 |
5402 47
|
All Fully Drawn or Fully Oriented Yarn/Spin
Draw Yarn/Flat Yarn of Polyester (non-textured and non POY)
|
Any |
China PR
|
China PR
|
TONGKUN GROUP CO.LTD.
|
TONGKUN GROUP CO.LTD.
|
240 |
Metric tonne
|
US Dollar
|
|
2 |
5402 47
|
All Fully Drawn
or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured
and non POY) |
Any
|
China PR
|
China PR
|
TONGKUN GROUP HENGSHENG CHEMICAL FIBRE CO.LTD
|
TONGKUN GROUP HENGSHENG CHEMICAL FIBRE CO.LTD
|
247 |
Metric tonne
|
US Dollar
|
|
3 |
5402 47
|
All Fully Drawn
or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured
and non POY) |
Any
|
China PR
|
China PR
|
JIANGSU HENGLI CHEMICALS FIBRE CO.LTD
|
JIANGSU HENGLI CHEMICALS FIBRE CO.LTD
|
256 |
Metric tonne
|
US Dollar
|
|
4 |
5402 47
|
All Fully Drawn
or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured
and non POY) |
Any
|
China PR
|
China PR
|
Any other than combination at Serial number
1 to 3 above |
547 |
Metric tonne
|
US Dollar |
||
5 |
5402 47
|
All Fully Drawn
or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured
and non POY) |
Any
|
China PR
|
Any other than China PR
|
Any |
Any |
547 |
Metric tonne
|
US Dollar
|
|
6 |
5402 47
|
All Fully Drawn
or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured
and non POY) |
Any
|
Any country other than countries attracting
anti dumping duties |
China
PR |
Any |
Any |
547 |
Metric tonne
|
US Dollar
|
|
7 |
5402 47
|
All Fully Drawn
or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured
and non POY) |
Any
|
Vietnam
|
Vietnam
|
Any |
Any |
350 |
Metric tonne
|
US Dollar
|
|
8 |
5402 47
|
All Fully Drawn
or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured
and non POY) |
Any
|
Vietnam
|
Any other than Vietnam
|
Any |
Any |
350 |
Metric tonne
|
US Dollar
|
|
9 |
5402 47
|
All Fully Drawn
or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured
and non POY) |
Any
|
Any country other than countries attracting
anti dumping duties |
Vietnam
|
Any |
Any |
350 |
Metric tonne
|
US Dollar
|
|
10 |
5402 47
|
All Fully Drawn
or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured
and non POY) |
Any
|
Thailand
|
Thailand
|
Indorama Polyester Industries Public Company
Limited (formerly Indo Poly (Thailand) Ltd.)
|
Indorama Polyester Industries Public Company
Limited (formerly Indo Poly (Thailand) Ltd.)
|
80 |
Metric tonne
|
US Dollar
|
|
11 |
5402 47
|
All Fully Drawn
or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured
and non POY) |
Any
|
Thailand
|
Thailand
|
Any other than combination at Serial number
10 above |
490 |
Metric tonne
|
US Dollar |
||
12 |
5402 47
|
All Fully Drawn
or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured
and non POY) |
Any
|
Thailand |
Any other than Thailand |
Any |
Any |
490 |
Metric tonne
|
US Dollar
|
|
13 |
5402 47
|
All Fully Drawn
or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured
and non POY) |
Any
|
Any country other than countries attracting
anti dumping duties |
Thailand |
Any |
Any |
490 |
Metric tonne
|
US Dollar
|
2.
The anti-dumping
duty imposed shall be levied for a period of five years (unless revoked, superseded
or amended earlier) from the date of imposition of the provisional anti-dumping
duty, that is, 26th March, 2009 and shall be payable in Indian currency.
Explanation:
For
the purposes of this notification, rate of exchange applicable for the purposes
of calculation of such 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 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.354/29/2009 TRU]
(Prashant
Kumar)
Under Secretary to the Government
of India.
vidyasagar
Published in Custom