[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. 46/2019-Customs (ADD)
New Delhi, the
19th December, 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 9th 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, M/s. Oriental Industries (Suzhou) Ltd. requested Directorate General
of Trade Remedies for change in name of the exporter company from “M/s.
Oriental Textile (Holding) Ltd.” to “M/s. Oriental Industries (Suzhou) Ltd” 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;
And
whereas, the designated authority, vide amendment notification No. 30/2/2019-
DGTR, dated the 24th October, 2019 published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 24th October, 2019 has come to the
conclusion that the request falls within the category of name change only and
there is no change in the basic nature of the business and recommended that the
name of the exporter viz. “Oriental Textile (Holding) Ltd.”, be amended to
“Oriental Industries (Suzhou) Ltd.” in its final findings 6/12/2017-DGAD, dated
the 24th May, 2018.
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
amendments to final findings of the designated authority, hereby makes the
following further amendments in the notification of the Government of India,
Ministry of Finance (Department of Revenue) No. 35/2018-Customs (ADD), dated
the 9th 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, against serial
number 5,-
(i) in the entry in column (6), for the
word “Industrial”, the word “Industries” shall be substituted; (ii) for the
entry in column (7), the entry “Oriental Industries (Suzhou) Ltd.”, shall be
substituted;
[F. No.
354/233/2018-TRU]
(Gunjan Kumar
Verma)
Under Secretary to the Government of India
Note.- The principal notification No. 35/2018-Customs
(ADD), dated the 9th 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 and subsequently amended vide notification No.
10/2019- Customs (ADD), dated the 12th February, 2019 published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.
105(E), dated the 12th February, 2019.
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