This notification has been rescinded vide Customs
Notification No. 107 dated 9th October 2002
WHEREAS
in the matter of import of Acrylic Fibre falling under Chapter 55 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or
exported from USA, Thailand and Korea RP (hereinafter referred to as �subject
countries�) the Designated Authority, vide its final finding, published in the
Gazette of India, Extraordinary, Part 1, Section 1, dated the 14th
October, 1997, had come to the conclusion that-
(a)��������� Acrylic Fibre originating in, or
exported from, USA, Thailand and Korea RP has been exported to India below its
normal value;
(b)��������� the domestic industry has suffered
material injury;
(c)���������� the injury has been caused to the
domestic industry by the exports originating in or exported from USA, Thailand
and Korea RP;
AND WHEREAS on the basis of the
aforesaid final findings of the Designated Authority, the Central Government
had imposed anti-dumping duty vide notification of the Government of India in
the Ministry of Finance (Department of Revenue), No. 81/97-Customs, dated the
24th October, 1997 [G.S.R. 619(E), dated the 24th
October, 1997] published in Part II, Section 3, Sub-section (i) of the Gazette
of India, Extra Ordinary, dated the 24th October, 1997.
AND WHEREAS the Designated Authority
vide its final findings in review, published in Part I, Section 1 of the
Gazette of India, Extraordinary, dated the 19th April, 2000, had
concluded that -
(a)��������� Acrylic Fibre originating in, or
exported from subject countries has been exported to India below its normal
value;
(b)��������� The domestic industry would suffer
material injury in case the anti-dumping duty in force is removed;
(c)����� The injury to the domestic industry would
be caused from imports from subject countries in case the anti-dumping in force
is removed;
AND WHEREAS on the basis of the
final findings in review of the Designated Authority, the Central Government
had imposed anti-dumping duty vide notification of the Government of India in
the Ministry of Finance (Department of Revenue), No. 86/2000-Customs, dated the
8th June, 2000 [G.S.R. 527(E), dated the 8th June. 2000],
published in Part ll, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 8th June, 2000;
AND WHEREAS the Customs, Excise and
Gold (Control) Appellate Tribunal, New Delhi (hereinafter referred to as CEGAT),
in its final order No. 1/ 2001-AD, dated the 12th February, 2001 in
Appeal No. C/ 266/ 2000-AD with C/ Cross/ 304/ 2000-AD in the matters of M/s
Thai Acrylic Fibre Company Ltd. And Forum of Acrylic Fibre Manufacturers
respectively has held that �the anti-dumping duty imposable on all exporters
from USA comes to 0.296 US $ per kg., anti-dumping duty on all exporters from
Korea RP works out to 0.534 US$ per kg. and in the case of M/s Thai Acrylic
Fibre Company Ltd. It is 0.180 US$ per kg. and all other exporters from
Thailand at 0.784 US$ per kg. It is given in a tabular form herein below:
S. No.
|
Name of
the Country
|
Name of
the Exporter
|
Amount of
duty (US $ Per kg.)
|
(1)
|
(2)
|
(3)
|
(4)
|
1.
|
USA
|
All Exporters
|
0.296
|
2.
|
Korea RP
|
All Exporters
|
0.534
|
2.
|
Thailand
|
(i) Thai Acrylic Fibre Company
Ltd.
|
0.180
|
(ii) Other Exporters
|
0.784
|
AND WHEREAS the Designated Authority
has accepted the above order of CEGAT dated the 12th February 2001;
NOW, THEREFORE, in exercise of the
powers conferred by sub-section (1), (5) and (6) of section 9A of the said
Customs Tariff Act read with rule 23 of the Customs Tariff (Identification,
Assessment and collection of Anti-dumping Duty on Dumped Articles and for
Determination of Injury) Rules, 1995, and in supersession of the notification
of the Government of India in the Ministry of Finance (Department of Revenue),
No. 86/ 2000 �Customs, dated the 8th June, 2000 [G.S.R. 527 (E),
dated the 8th June 2000] published in Part ll, Section 3,
Sub-section (i) of the Gazette of India, Extraordinary, dated the 8th
June, 2000, the Central Government, except as respects things done or omitted
to be done before such supersession, 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.
S. No.
|
Name of
the Country
|
Name of
the Exporter
|
Amount of
duty (US$ per kg.)
|
(1)
|
(2)
|
(3)
|
(4)
|
1.
|
USA
|
All Exporters
|
0.296
|
2.
|
Korea RP
|
All Exporters
|
0.534
|
2.
|
Thailand
|
M/s. Thai Acrylic Fibre Company
Ltd.
|
0.180
|
Other Exporters
|
0.784
|
2.���� The anti-dumping duty imposed under this
notification shall be effective upto and inclusive of the 24th
day of October 2002, unless the time limit is extended or the notification
is revoked before such time by notification published in the Official Gazette.
Explanation: For
the purposes of this notification, the anti-dumping duty shall be paid in
Indian currency. The �rate of exchange� applicable for the purposes of
calculation of such 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 powers under
sub-clause (i) of clause (a) of sub-section (3) of 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.