Anti-Dumping Duty: Mulberry Raw Silk (Not thrown), 2A Grade and below,
Originating in, or Exported from Peoples� Republic of China
Customs
Notification No. 2 dated 2nd January 2003
WHEREAS
in the matter of import of Mulberry Raw Silk (not thrown), 2A grade and below
(hereinafter referred to as the subject goods), falling under sub-heading
5002.00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in, or exported from, Peoples� Republic of China, the designated
authority vide its preliminary findings, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 20th December, 2002, has
come to the conclusion that �
(a)
the subject goods originating in, or exported from, Peoples� Republic
of China have been exported to India below normal value, resulting in dumping;
(b)
the domestic industry has suffered injury;
(c)
the injury has been caused by imports from Peoples� Republic of China;
and the designated authority has recommended imposition of anti-dumping duty,
provisionally, pending final determination, on all imports of the subject goods,
originating in, or exported from Peoples� Republic of China;
NOW,
therefore, in exercise of the powers conferred by sub-section (2) of section 9A
of the said Customs Tariff Act, read with rules 13 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 aforesaid findings of the designated authority, hereby
imposes on the subject goods, the description of which is specified in column
(3) of the Table below, falling under sub-heading of the First schedule to the
said Customs Tariff Act as specified in the corresponding entry in column (2),
the specification of which is specified in column (4), originating in the
countries as specified in the corresponding entry in column (5), and produced by
the producer as specified in the corresponding entry in column (7), when
exported from the countries as specified in the corresponding entry in column
(6), by the exporters as specified in the corresponding entry in column (8), and
imported into India, an anti-dumping duty at a rate which is equivalent to the
difference between the amount as specified in the corresponding entry in column
(9), in the currency as specified in the corresponding entry in column (11) and
per unit of measurement as specified in the corresponding entry in column (10),
of the said Table, and the landed value of such imported goods in like currency
per like unit of measurement.
Table
S.
No
|
Sub-heading
|
Description
of goods
|
Specification
|
Country
of origin
|
Country
of export
|
Producer
|
Exporter
|
Amount
|
Unit
of Measurement
|
Currency
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
(11)
|
1.
|
5002.00
|
Mulberry
raw silk (not thrown)
|
2A
grade and below
|
Peoples�
Republic of China
|
All
|
Any
|
Any
|
33.19
|
Kilogramme
|
USD
|
2.
|
5002.00
|
Mulberry
raw silk (not thrown)
|
2A
grade and below
|
All
except Peoples� Republic of China
|
Peoples�
Republic of China
|
Any
|
Any
|
33.19
|
Kilogramme
|
USD
|
2.
The anti-dumping duty imposed under this notification shall be
effective upto and inclusive of the 1st day of July 2003 and shall be
payable in Indian currency.
Explanation:
For the purposes of this notification, -
(a)
"USD" means US Dollar;
(b)
"landed value" means the assessable value as determined under the
Customs Act, 1962 (52 of 1962) and includes all duties of customs except
duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff
Act;
(c)
"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 and Company Affairs
(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
said Customs Act, 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.
|