Anti-Dumping Duty: Nylon Tyre Cord Fabric export originating from South
Korea, Indonesia, Thailand and Taiwan
WHEREAS in the matter of import of Nylon Tyre
Cord Fabric (NTCF) falling under sub-heading No. 5902.10 of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from
South Korea, Indonesia, Thailand and Taiwan, the Designated Authority, vide its
preliminary findings, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 5th October, 1999, had come to the conclusion
that -
(a)
Nylon Tyre Cord Fabric (NTCF) originating in, or exported from, South
Korea, Indonesia, Thailand and Taiwan, has been exported to India below normal
value, resulting in dumping;
(b)
the Indian industry has suffered material injury;
(c)
the injury has been caused cumulatively by the imports from the subject
countries;
AND WHEREAS on the basis of the aforesaid
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. 124/99-Customs, dated the 9th
November, 1999 [G.S.R. 763(E), dated the 9th November, 1999]
published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 9th November, 1999;
AND WHEREAS the Designated Authority vide
notification No. 31/1/98-DGAD, dated the 22nd February, 2000,
published in Part l, Section 1 of the Gazette of India, Extraordinary, dated the
22nd February, 2000, has in its final findings concluded that -
(a) Nylon Tyre Cord Fabric (NTCF) originating in, or exported
from, subject countries have been exported to India below its normal value,
resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused to the domestic industry by the dumping of
the subject goods originating in or exported from subject countries;
AND WHEREAS on the basis of the aforesaid
findings of the Designated Authority, the Central Government has imposed
anti-dumping duty vide notification of the Government of India in the Ministry
of Finance (Department of Revenue), No. 32/2000-Customs, dated the 28th
March 2000 [G.S.R. 263 (E), dated the 28th March 2000], published in
Part ll, Section 3, Sub-section (i) of the Gazette of India, Extraordinary,
dated the 28th March, 2000;
AND WHEREAS the Customs, Excise and Gold
(Control) Appellate Tribunal, New Delhi (hereinafter referred to as CEGAT), in
its final order No. 37-40/2000-AD, dated the 6th November, 2000 in
Appeal Nos. C/194/2000-AD with C/Misc/288/2000-AD, C/195/2000-AD, C/233/2000-AD
and C/234/2000-AD in the matters of M/s Automotive Tyre Manufacturers
Association, M/s Association of Synthetic Fibre Industry, M/s Thai Baroda
Industries and M/s Formosa Taffeta Co. Ltd. respectively has held that
�Consequent to the setting aside of the imposition of duty on exports by
Formosa Taffeta Co. Ltd. and the acceptance of the appeal of Association of
Synthetic Fibre Industries in regard to exclusion of handling charges and
imposition of the duty in dollar terms, as stated above, the duties imposed
under Notification No. 32/2000-Cus are revised as indicated in the table below:-
S. No.
|
Name of the Country
|
Name of the Exporter
|
Amt. of duty (US$/ MT)
|
(1)
|
(2)
|
(3)
|
(4)
|
1.
|
South Korea
|
(a) M/s. Hyosung Corporation
|
161
|
|
|
(b) All Other exporters
|
647
|
2.
|
Indonesia
|
(a) M/s. PTGT Petrochem Industries
|
101
|
|
|
(b) All Other exporters
|
282
|
3.
|
Thailand
|
(a) M/s. Thai Baroda Industries Ltd.
|
159
|
|
|
(b)All Other exporters
|
739
|
4
|
Taiwan
|
All Exporters other than M/s. Formosa Taffeta
Co. Ltd.
|
543
|
AND WHEREAS the Designated Authority has
accepted the above order of CEGAT dated the 6th November 2000;
NOW, THEREFORE, in exercise of the powers
conferred by sub-section (1) 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, and in
supersession of the notification of the Government of India in the Ministry of
Finance (Department of Revenue), No. 32/2000-Customs, dated the 28th
March, 2000 [G.S.R.263(E), dated the 28th March 2000], published in
Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary,
dated the 28th March 2000, the Central Government except as respects
things done or omitted to be done before such supersession, hereby imposes on
Nylon Tyre Cord Fabric (NTCF) falling under sub-heading No. 5902.10 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
|
Amt. of duty (US $ / MT)
|
(1)
|
(2)
|
(3)
|
(4)
|
1.
|
South Korea
|
(a) M/s. Hyosung Corporation
|
161
|
|
|
(b) All Other exporters
|
647
|
2.
|
Indonesia
|
(a) M/s. PTGT Petrochem Industries
|
101
|
|
|
(b) All Other exporters
|
282
|
3.
|
Thailand
|
(a) M/s. Thai Baroda Industries Ltd.
|
159
|
|
|
(b)All Other exporters
|
739
|
4
|
Taiwan
|
All Exporters other than M/s. Formosa Taffeta
Co. Ltd.
|
543
|
Explanation:
For the purpose 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.
|