Notification No. 123/2008, Dated 20th Nov 2008

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]                                                        

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No.123/2008-Customs

New Delhi, dated the 20^th November, 2008

            G.S.R. (E). – Whereas the designated authority, vide notification No. 10/7/2006-DGAD, dated the 8^th October, 2007, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 8^th October, 2007 had initiated review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on Acrylic Fibre falling under Chapter 55 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the subject goods), originating in, or exported from, Korea RP and Thailand  (hereinafter referred to as the subject countries) levied vide  notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), 106/2002-Customs, dated the 9^th October, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number G.S.R.692(E), dated the 9^th October, 2002;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject countries upto and inclusive of the 8^th October, 2008 videnotification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 113/ 2007-Customs, dated 16^th November, 2007, vide number G.S.R. 721(E), dated the 16^th November, 2007,  published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 16^th November, 2007;

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the subject countries, the designated authority vide its final findings No. 10/7/2006-DGAD, dated the 3^rd October, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3^rd October, 2008, has come to the conclusion that-

(a)             the subject goods are entering the Indian market at dumped prices and dumping margins of the subject goods imported from Thailand and Korea RP are substantial and above de-minimis;

(b)             the subject goods are likely to enter the Indian market at dumped prices and the likely dumping margins in respect of imports from Thailand and Korea RP is substantial and above de-minimis;

(c)             the subject goods are likely to enter Indian market at dumped prices, should the present measures be withdrawn; and

(d)             even though the domestic industry has improved its performance during the POI, the situation of domestic industry continues to be fragile and dumped imports from subject countries continue to cause a substantial injury to the domestic industry and if the present anti dumping duties is revoked, injury to the domestic industry is likely to continue and intensify;

 and has recommended continued imposition of definitive anti-dumping duty against the subject goods, originating in, or exported from, the subject countries in order to remove injury to the domestic industry;

            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 rule 23 of the said rules, the Central Government, hereby imposes on the said Acrylic Fibre falling under Chapter 55 of the First Schedule to the said Customs Tariff Act, when originating in, or exported from, the countries specified in column (2) of the Table hereto annexed, by the exporters mentioned in the corresponding entry in column (3) of the said Table and imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (4) of the said Table.

Table

            Provided that no anti-dumping duty shall be imposed on Homopolymer Acrylic Fibre, falling under Chapter 55 of the First Schedule to the said Customs Tariff Act, containing 100 per cent. Acrylonitrile, when originating in, or exported from, the countries specified in column (2) of the above Table and imported into India, if the price of such imported Homopolymer Acrylic Fibre is equal to or higher than US $ 2.40 per kilogram CIF (cost, insurance and freight), subject to a variation of 5 per cent. in the said CIF value.

2.         The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Gazette of India and shall be paid 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 conferred by section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for 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.354/48/2002-TRU] 

(Unmesh Wagh)

Under Secretary to the Government of India.