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Anti-Dumping Duty: Acrylic Fibre, originating in, or exported from, USA,
Korea RP and Thailand
Customs
Notification No. 106 dated 9th October 2002
WHEREAS,
the designated authority, vide notification published in the Gazette of
India, Extraordinary, No. 26/ 1/ 2001-DGAD, dated the 7th August,
2001, Part I, Section 1, had initiated sunset review in the matter of
continuation of anti-dumping duty imposed vide notification No. 72/
2001-Customs, dated the 28th June, 2001 on 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, Korea RP and Thailand, and had
also requested for suitable extension of anti-dumping duty, pending the results
of investigations;
AND
WHEREAS the Central Government has extended the anti-dumping duty imposed on
Acrylic Fibre, falling under Chapter 55 of the First Schedule to the said
Customs Tariff Act, originating in, or exported from, USA, Korea RP and Thailand
vide the said notification No. 72/ 2002-CUSTOMS, dated the 28th
June, 2001 as amended vide notification No. 42/ 2002 - Customs, dated the
12th April, 2002 [G.S.R. 283 (E), dated the 12th April,
2002], upto and inclusive of 24th October, 2002;
AND
WHEREAS the designated authority, vide its findings in sunset review,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th
August, 2002, has come to the conclusion that -
(a)
Acrylic Fibre has been exported from the subject countries to India below
its normal value;
(b)
The domestic industry is suffering injury;
(c)
The injury may intensify if anti-dumping duty is removed;
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 rule 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,
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.
TABLE
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S.
No.
|
Name
of the Country
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Name
of the Exporter
|
Amount
of duty (US $ per kg.)
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
1.
|
USA
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All
Exporters
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0.366
|
|
2.
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Korea
RP
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All
Exporters
|
0.225
|
|
3.
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Thailand
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M/s.
Thai Acrylic Fibre Co. Ltd.
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0.16
|
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Other
Exporters
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0.313
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Provided
that no anti-dumping duty shall be imposed on Homopolymer Acrylic Fibre,
falling under Chapter 55 of the First Schedule to the said Customs Tariff Act,
containing 100 per cent. Acrylonitrile, when originating in, or exported from,
the countries specified in column (2) of the above Table and imported into
India, if the price of such imported Homopolymer Acrylic Fibre is equal to or
higher than US $ 2.40 per kilogram CIF (cost, insurance and freight), subject to
a variation of 5 percent in the said CIF value.
2.
The anti-dumping duty shall be paid in Indian currency.
Explanation:For the purposes of this notification, 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.
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