Notification No. 117/2004, Dated 30th Dec 2004

30th December, 2004

Notification No.117/2004-Customs

             Whereas in the matter of import of acrylic fibre in all deniers (hereinafter referred to as the subject goods), falling under Chapter 55 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in or exported from Belarus (hereinafter referred to as the subject country), the designated authority vide its final findings notification No. 14/5/2003-DGAD, dated the 7^th December 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8^th December 2004, has come to the conclusion that – 

(i)                  acrylic fibre has been exported to India from the subject country below the normal value;

(ii)                the domestic industry has suffered material injury;

(iii)               the material injury has been caused by the dumped imports from the subject country;

and has recommended the imposition of definitive antidumping duty on all imports of the subject goods, originating in, or exported from, Belarus;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act 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 tariff items 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), and exported from the countries as specified in the corresponding entry in column (6), and produced by the producers as specified in the corresponding entry in column (7), and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty which shall be equivalent to difference between 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, and the landed value of such imported goods in like currency per like unit of measurement.

Table

2.         The anti-dumping duty imposed under this notification shall be payable in Indian currency.

Explanation.- For the purposes of this notification, -

(a)         "landed value" means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; and

(b)         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 sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 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.354/55/2004-TRU

V. Sivasubramanian
Deputy Secretary to the Government of India