Notification No. 97/2002, Dated 12th Sept 2002

12th September, 2002

Notification No. 97/2002-Customs

            WHEREAS in the matter of import of Partially Oriented Yarn (POY) of polyesters (hereinafter referred to as ‘the subject goods’), falling under sub-heading 5402.42 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Turkey and Korea RP (hereinafter referred to as ‘the subject countries’), the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd November, 2001, had come to the conclusion that-

(a) the exporters from the subject countries have been exporting the subject goods below normal value resulting in dumping;

(b) the Indian industry has suffered material injury;

(c) the injury has been caused cumulatively by the dumped imports of the subject goods from the subject countries;

and the designated authority had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of the 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 an anti-dumping duty vide notification No. 131/2001-Customs, dated the 27th December, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th December, 2001 vide No. G.S.R. 923 (E), dated the 27th December, 2002;

            AND WHEREAS, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 16th August, 2002, has come to the conclusion that-

(a)    the exporters from the subject countries have been exporting the subject goods below normal value resulting in dumping;

(b)    the Indian industry has suffered material injury;

(c)    the injury has been caused cumulatively by the dumped imports of the subject goods from the subject countries;

            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 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 above findings of the designated authority, hereby imposes on Partially Oriented Yarn (POY) of polyesters, falling under sub-heading 5402.42 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Turkey and Korea RP, and exported by exporters/producers specified in column (2) of the Table given below, and imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (3) of the said Table.

Table

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, i.e., the 27th December, 2001, 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.

Vivek Prasad
Under Secretary to the Government of India