Notification No. 30/2009, Dated 26th March 2009

[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. 30/2009-Customs

New Delhi, the 26th  March, 2009

G.S.R…. (E). - Whereas in the matter of import of Flax fabric (hereinafter referred to as the subject goods), falling under the heading 5309 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China and Hong Kong (hereinafter referred to as the subject countries), the designated authority in its preliminary findings vide notification   No. 14/8/2008-DGAD, dated 17th February, 2009  published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17th February, 2009  has come to the conclusion that-

(a)    the margin of dumping in respect of each of the subject country is more than 2 per cent. and the volume of imports from each country is also more than 3 per cent.;

(b)     the subject goods have been imported from the subject countries under the same tariff classification;

(c)    the imported subject goods are commercial substitutes of the domestically produced Flax fabric; and

(d)     the designated authority  holds that it is appropriate to cumulatively assess the effect of imports of the subject goods on the domestically produced like article in the light of conditions of competition between the imported products and the like domestic product;

and has recommended the imposition of provisional anti-dumping duty on  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, 1975 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 subject goods, the description of which is specified in column (3) of the Table below, falling under heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4), and produced by the producer as specified in the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by the exporter as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at a rate which is equivalent to difference between the amount mentioned in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10)  and as per unit of measurement as specified in the corresponding entry in column (9), of the said Table and the landed value of imported goods in like currency as per like unit of measurement.

Table

2.         The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 25th September, 2009, and shall be payable in Indian currency.

Explanation. - For the purposes of this notification, “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 8B, 9 and 9A of the said Customs Tariff Act, 1975.

[F.No.354/62/2009 –TRU]

 (Unmesh Sharad Wagh)

Under Secretary to the Government of India.