Notification No. 41/2009, Dated 29th April 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. 41/2009-Customs

New Delhi, the 29th   April, 2009

G.S.R. (E). – Whereas, the designated authority, vide its notification No. 14/20/2008-DGAD, dated 16th September, 2008,  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, in the matter of continuation of anti-dumping duty on imports of Nylon Tyre Cord Fabric (NTCF) [hereinafter referred to as the subject goods], falling under sub-heading 5902 10 of the First Schedule to the Customs Tariff Act 1975, (51 of 1975), originating in, or exported from, the People’s Republic of China (hereinafter referred to as the subject countries), imposed vide  notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2005-Customs, dated the 27^th April, 2005, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27^th April, 2005 [G.S.R. 248 (E), dated the 27^th April, 2005];

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the subject country, the designated authority in its final findings issued vide notification No. 14/20/2008-DGAD, dated 31st March, 2009, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 1st April, 2009, has come to the conclusion that-

(a)    subject goods originating in or exported from the People’s Republic of China has been exported to India below their normal value, resulting in dumping;

(b)    dumping of subject goods from subject country continue to cause material injury to the domestic industry; and

(c)    in case of revocation of anti-dumping duties on the subject goods from subject countries, the dumping is likely to continue (from the People’s Republic of China ) leading to the continuance or intensification of injury to the domestic industry;

and has recommended continued imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from, the subject country and imported into India, 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 Customs Tariff Act, 1975 (51 of 1975) read with rules 18 and 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, after considering the aforesaid final 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 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 produced by the producer as specified in the corresponding entry in column (7), when exported from the country as specified in the corresponding entry in column (6), by the exporter as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equal to the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11)  and as 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 effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette. The anti-dumping duty 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.354/63/2004-TRU (Part-II)

 (Unmesh Sharad Wagh)

Under Secretary to the Government of India.