Notification No. 36/2005, Dated 27th April 2005

27th April, 2005

Notification No.36 /2005-Customs

       WHEREAS in the matter of import of Nylon Tyre Cord Fabric (NTCF) of all types (hereinafter referred to as the subject goods), falling under Chapter 59 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in or exported from Peoples Republic of China (hereinafter referred to as the subject country), the designated authority vide its preliminary findings in notification No. 14/20/2003-DGAD, dated the 30^th June 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30^th June 2004, had come to the conclusion that –

  (i)        NTCF of all types originating in or exported from Peoples Republic of China has been exported to India below normal value, resulting in dumping;

(ii)        the domestic industry has suffered material injury;

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

    And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification No. 72/2004-Customs, dated the 26^th July 2004, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26^th July, 2004 vide No. G.S.R. 475 (E), dated the 26^th July 2004;

    And whereas, the designated authority, vide its final findings in notification No. 14/20/2003-DGAD, dated 9^th March 2005 published in the Gazette of India, Extraordinary, Part I, Section I, dated the 7^th April 2005 has come to the conclusion that-

(i)                  NTCF of all types, originating in or exported from the subject country has been exported to India below normal value, resulting in dumping;

(ii)                the domestic industry has suffered material injury;

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

and has proposed that definitive anti-dumping duties be imposed on subject goods originating in or exported from the subject country;

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 the goods, the description of which is specified in column (3) of the Table below, falling under sub-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 country as specified in the corresponding entry in column (5), and exported from the country 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 at the rate 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

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., 26^th July 2004, 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.354/63/2004-TRU

                                                                  V. Sivasubramanian
Deputy Secretary to the Government of India