Notification No. 49/2005, Dated 19th May 2005

19th May 2005

Notification No. 49/2005 - Customs

 WHEREAS in the matter of import of acrylic fibre below 1.5 denier (1.65 DX) (hereinafter referred to as the subject goods), falling under sub-heading 5501.30 or 5503.30 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Italy (hereinafter referred to as subject country), the designated authority vide its final findings notification No.43/1/2001-DGAD dated the 12^th August, 2002,, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 13^th August, 2002, has come to the conclusion that-

(a)                the subject goods have been exported to India from subject country below its normal value;

(b)                the Indian industry has suffered injury;

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

And whereas on the basis of aforesaid final findings of the designated authority, the Central Government had imposed anti-dumping duty vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue) No. 95/2002-Customs, dated the 12^th September, 2002, published in Part II, section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 12^thSeptember, 2002 vide G.S.R. 639(E), dated the 12^th September, 2002;

                And whereas the designated authority, vide its mid-term review findings notification No. 15/17/2004-DGAD dated 19^th April 2005, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 20^th April 2005, has come to the conclusion that-

(d)    subject goods have been exported to India from subject country below its normal value; 

(e)     the domestic industry has not suffered material injury as a result of dumping of subject goods from subject country;

(f)      there is no likelihood of recurrence of injury in case the antidumping duty imposed on import dumping of subject goods from subject country is withdrawn;.      

and has recommended withdrawal of anti dumping duty on imports of 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, and rule 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, hereby rescinds the notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 95/2002-Customs, dated the 12^th September, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated  the 12^th September, 2002 vide G.S.R. 639(E), dated the 12^th September, 2002, except as respects things done or omitted to be done before such rescission.

F.No.354/219/2001-TRU

(V. Sivasubramanian)

Deputy Secretary to the Government of India