Anti-Dumping Duty: Acrylic Fibre, below 1.5 denier (1.65 DX), originating
in, or exported from, Italy
Customs
Notification No. 95 dated 12th September 2002
WHEREAS
in the matter of import of Acrylic Fibre, below 1.5 denier (1.65 DX), falling
under subheading 5501.30 or 5503.30 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975), originating in, or exported from, Italy, the designated
authority vide its preliminary findings, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 6th December, 2001, had come to the
conclusion that �
(a)
Acrylic Fibre has been exported to India from Italy below its normal
value;
(b)
the domestic industry has suffered injury;
(c)
the material injury has been caused by the dumped imports from Italy;
And
the designated authority had considered it necessary to impose anti-dumping
duty, provisionally, pending final determination, on all imports of Acrylic
Fibre, below 1.5 denier (1.65 DX), originating in, or exported from, Italy; AND
WHEREAS on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed an anti-dumping duty vide notification No. 4/
2002-Customs, dated the 10th January, 2002, published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 10th
January, 2002 vide No. G.S.R. 19 (E) dated the 10th January 2002;
AND
WHEREAS, the designated authority vide its final findings, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 12th
August, 2002, has come to the conclusion that -
(a)
Acrylic Fibre (below 1.5. denier) has been exported to India from Italy
below its normal value;
(b)
the Indian industry has suffered injury;
(c)
the injury has been caused by the dumped imports from Italy;
NOW,
therefore, in exercise of the powers conferred by sub-sections (1) and (5) of
section 9A of the said 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, on the basis of the above findings of the designated authority,
hereby imposes on Acrylic Fibre, below 1.5 denier (1.65 DX), falling under
sub-heading 5501.30 or 5503.30 of the First Schedule to the said Customs Tariff
Act, originating in, or exported from, Italy and exported by exporters/
producers specified in column (2) of the Table given below, and imported into
India, an anti-dumping duty at the rate specified in the corresponding entry in
column (3) of the said Table.
Name
of the Country
|
Name
of the exporter
|
Anti
dumping duty (US $ per kg.)
|
Italy
|
Montefibre,
Italy
|
0.32
|
All
other exporters/ producers
|
0.41
|
2.
The anti-dumping duty imposed under this notification shall be levied
with effect from the date of imposition of the provisional anti-dumping duty,
i.e. the 10th January 2002, and 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 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 the
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.
|