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Anti-Dumping Duty: Acrylic Fibre, originating in, or exported from, UK,
Germany, Bulgaria and Brazil
Customs
Notification No. 104 dated 9th October 2002
WHEREAS
in the matter of import of Acrylic Fibre (hereinafter referred to as the subject
goods), falling under sub-heading 5501.30 or 5503.30 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, UK,
Germany, Bulgaria and Brazil (hereinafter referred to as subject countries), the
designated authority vide its preliminary findings, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 7th
December, 2001, had come to the conclusion that -
(a)
The subject goods have been exported to India from subject countries
below its normal value;
(b)
The domestic industry has suffered material injury;
(c)
The material injury has been caused by the dumped imports from subject
countries;
And
the designated authority had considered it necessary to impose anti-dumping
duty, provisionally, pending final determination, on all imports of the subject
goods, originating in, or exported from, the subject countries;
AND
WHEREAS on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed an anti-dumping duty on the subject goods vide
Notification No. 133/ 2001-Customs, dated the 31st December, 2001,
published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 31st December, 2001 vide No. G.S.R.
930 (E) dated the 31st December 2001;
AND
WHEREAS, the designated authority, vide its final findings, published in the
Gazette of India, Extraordinary, Part I, Section I, dated the 27th
August, 2002, has come to the conclusion that -
(a)
The subject goods have been exported to India from subject countries
below its normal value;
(b)
The Indian industry has suffered injury;
(c)
The injury has been caused by the dumped imports from subject countries;
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, falling under sub-heading 5501.30 or 5503.30 of
the First Schedule to the said Customs Tariff Act, originating in, or exported
from, the countries specified in the column (1) of the Table given below, and
exported by exporters/producers specified in column (2) of the said Table, and
imported into India, an anti-dumping duty at the rate specified in the
corresponding entry in column (3) of the said Table.
TABLE
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Country
|
Name
of the exporter
|
Anti
dumping duty (US $ per kg.)
|
|
(1)
|
(2)
|
(3)
|
|
UK
|
All
producers/ exporters
|
0.33
|
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Germany
|
All
producers/ exporters
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0.14
|
|
Bulgaria
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All
producers/ exporters
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0.38
|
|
Brazil
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All
producers/ exporters
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1.03
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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 31st December, 2001, and
shall be payable 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.
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