Notification No. 82/2006, Dated 21st Aug 2006

21st August, 2006

 

Notification No. 82/2006-Customs

 

    G.S.R. (E). – Whereas in the matter of import of fully drawn yarn or fully oriented yarn or spin drawn yarn or flat yarn of polyester (non-textured and non-POY) and other yarn (hereinafter referred to as the subject goods) falling under tariff item 5402 43 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from Indonesia, Republic of Korea,  Malaysia and Chinese Taipei (hereinafter referred to as the subject countries), the designated authority in its preliminary findings vide notification No. 14/3/2005-DGAD, dated the 3rd July 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd  July 2006, has come to the conclusion that –

(i)         the subject goods originating in or exported from subject countries have been exported to India below their normal values;

(ii)        the domestic industry has suffered material injury;

(iii)       the injury has been caused to the domestic industry by dumped imports of subject goods originating in or exported from the subject countries;

 

and has recommended imposition of provisional anti-dumping duty, pending final determination, on all imports of the subject goods originating in or exported from the subject countries;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 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 item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2),  originating in the countries specified in the corresponding entry in column (5), and exported from the countries specified in the corresponding entry in column (6) and produced by the producers specified in the corresponding entry in column (7) and exported by the exporters specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty which shall be equal to 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.

Table

 

S.No.

Tariff item

Description of goods

Specification

Country of origin

Country of    export

Producer

Exporter

Amount

Unit of measurement

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1

5402 43 00

Fully drawn yarn

Any

Indonesia

Any

Any other than P.T. Mutu Gading Tekstil

Any other than P.T. Mutu Gading Tekstil

699

MT

US Dollar

2

5402 43 00

Fully drawn yarn

Any

Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei

Indonesia

Any

Any

699

MT

US Dollar

3

5402 43 00

Fully drawn yarn

Any

Republic of Korea

Any

H.K.Corporation

H.K.Corporation

107

MT

US Dollar

4

5402 43 00

Fully drawn yarn

Any

Republic of Korea

Any

Any other than H.K.Corporation,  Hyosung Corporation, Saehan Industry and Huvis Corporation

Any other than H.K.Corporation,  Hyosung Corporation, Saehan Industry and Huvis Corporation

558

MT

US Dollar

5

5402 43 00

Fully drawn yarn

Any

Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei

Republic of Korea

Any

Any

558

MT

US Dollar

6

5402 43 00

Fully drawn yarn

 

 

Any

Malaysia

Any

Hualon Corporation

 

Hualon Corporation

140

MT

US Dollar

7

5402 43 00

Fully drawn yarn

Any

Malaysia

Any

Any other than Hualon Corporation

 

Any other than Hualon Corporation

 

419

MT

US Dollar

8

5402 43 00

Fully drawn yarn

Any

Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei

Malaysia

Any

Any

419

MT

US Dollar

9

5402 43 00

Fully drawn yarn

Any

Chinese Taipei

Any

Nan Ya Plastics Corporation

Nan Ya Plastics Corporation

57

MT

US Dollar

10

5402 43 00

Fully drawn yarn

Any

Chinese Taipei

Any

China Man made Fiber Corporation

China Man made Fiber Corporation

268

MT

US Dollar

11

5402 43 00

Fully drawn yarn

Any

Chinese Taipei

Any

Any other than Nan Ya Plastics Corporation and China Man made Fiber Corporation

 

Any other than Nan Ya Plastics Corporation and China Man made Fiber Corporation

 

421

MT

US Dollar

12

5402 43 00

Fully drawn yarn

Any

Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei

Chinese Taipei

Any

Any

421

MT

US Dollar

 

 

2.         The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 20th day of February 2007, 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.354/80/2006-TRU]

 

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