[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. 10/2019-Customs (ADD)
New Delhi, the
12th February, 2019
G.S.R.
(E).- Whereas, in the matter of ‘High Tenacity Polyester Yarn(HTPY)’
(hereinafter referred to as the subject goods) falling under tariff item 5402
20 90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
(hereinafter referred to as the Customs Tariff Act), originating in, or
exported from China PR(hereinafter referred to as subject country), and
imported into India, the Designated Authority in its final findings, published
in the Gazette of India, Extraordinary, Part I, Section 1, vide notification
No. 6/12/2017-DGAD, dated the 24th May, 2018 had come to the conclusion that –
(i) the subject goods have been exported to India
from the subject country below its normal value, resulting in dumping;
(ii) the domestic industry had suffered material injury due to dumping of the
product under consideration from the subject country;
(iii)the material injury had been caused
by the dumped imports of the subject goods from subject country,
and had recommended 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;
And
whereas, on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed the anti-dumping duty on the subject goods,
vide notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 35/2018-Customs (ADD), dated the 9 th July, 2018, published in
the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide
number G.S.R. 620(E), dated the 9th July, 2018;
And
whereas, the following requests were received by the Designated Authority for
change in name of exporters in its final findings, published in the Gazette of
India, Extraordinary, Part I, Section 1, vide notification No. 6/12/2017-DGAD,
dated the 24th May, 2018:-
(i)
“Hyosung Corporation, Korea” requested
for change in name of the exporter company be amended to “Hyosung Advance
Materials Corporation (HAMC)” as Hyosung Corporation had undergone a change in
its corporate structure w.e.f. 1st June, 2018;
(ii)
“Zhejiang Guxiandao Industrial Fibre
Co., Ltd.” requested for change in name of the exporter company be amended to
“Zhejiang Guxiandao Polyester Dope Dyed Yarn Co., Ltd” due to the internal
reorganisation in June, 2017;
And
whereas, the designated authority, vide amendment notification No.
6/12/2017-DGAD (Pt.).1, dated the 7th January, 2019, published in the Gazette
of India, Extraordinary, Part I, Section 1, dated the 7th January, 2019 has
come to the conclusion that-
(i)
in the case of Hyosung Corporation, the
need for change in name has emerged from creating an entity namely M/s Hyosung
Advance Materials Corporation (HAMC) in the organization and that as there is
no change in the status of the producer, thus normal value remains unchanged;
(ii)
in the case of Zhejiang Guxiandao
Industrial Fibre Co., Ltd, the need for change in name emerged due to internal
reorganisation, and the producer is the same and wants to be the exporter also;
(iii)
the two requests fall in the category of
name change only and there is no change in shareholding pattern of ownership
which do not alter the basic nature of the business and recommended the
following changes in the Duty Table in its final findings 6/12/2017-DGAD dated
the 24th May, 2018:-
(a) At
Sr. No. 1, in column 7, the name of the exporter viz. “Hyosung Corporation”, be
amended to “Hyosung Advance Materials Corporation (HAMC)”;
(b) At
Sr. No. 2 in column 7, the name of the exporter viz. “Zhejiang Guxiandao
Industrial Fibre Co., Ltd.”, be amended to “Zhejiang Guxiandao Polyester Dope
Dyed Yarn Co., Ltd”.
Now, therefore, in exercise of the powers conferred
by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, read with
rules 18 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, after considering the aforesaid
amendmentsto final findings of the designated authority, hereby makes the
following amendments in the notification of the Government of India, Ministry
of Finance (Department of Revenue) No. 35/2018-Customs (ADD), dated the 9 th
July, 2018, published in the Gazette of India, Extraordinary, Part II, Section
3, Sub-section (i), vide number G.S.R. 620(E), dated the 9th July, 2018,
namely:-
In the said notification, in the table-
(i)
against serial number 1, for the entry
in column (7), the entry “Hyosung Advance Materials Corporation”, shall be
substituted;
(ii)
against serial number 2, for the entry
in column (7), the entry “Zhejiang Guxiandao Polyester Dope Dyed Yarn Co.,
Ltd”, shall be substituted.
[F. No.
354/233/2018-TRU]
(Dr.
Sreeparvathy S. L.)
Under Secretary to the Government of India
Note.- The principal notification No.
35/2018-Customs (ADD), dated the 9 th July, 2018 was published, in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.
620(E), dated the 9th July, 2018.
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