GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No.05 /2009-Customs

New Delhi, dated the 6^th January, 2009

G.S.R. (E). -Whereas, the designated authority vide notification No. 15/12/2007-DGAD, dated the 14th December, 2007, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 14th December, 2007, had initiated review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Act) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on Mulberry raw silk (not thrown), 2A grade and below (hereinafter referred to as the subject goods), falling under tariff item 5002 00 10 of the said Act, originating in, or exported from the People’s Republic of China (hereinafter referred to as the subject country), imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.106/2003-Customs, dated the 10th July, 2003, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number G.S.R.537(E), dated the 10th July, 2003;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject country upto and inclusive of the 1st January, 2009, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.01/ 2008-CUSTOMS, dated the 1st January, 2008, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R.4 (E), dated the 1st January, 2008, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 1st January, 2008;

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the subject country, the designated authority vide its final findings No. 15/12/2007-DGAD, dated the 11th December, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th December, 2008, had come to the conclusion that-

1. subject goods originating in or exported from the subject country had been exported to India below their normal value, resulting in dumping; and
   
   
2. in the event of discontinuation of anti-dumping duties on the subject goods from the subject country, dumping was likely to continue from the subject country leading to the continuation and recurrence of injury to the domestic industry;

and had recommended continued imposition of definitive anti-dumping duty against the subject goods, originating in, or exported from, the subject country in order to remove injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Act, read with rule 23 of the said rules, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the said Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4), originating in the country 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 country as specified in the corresponding entry in column (6), by the exporter 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

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) and shall be paid in Indian currency.
Explanation. - For the purposes of this notification, -

1. “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;
   
   
2. “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 the powers conferred by 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; and
   
   
3. the grading of Mulberry raw silk (not thrown) shall be as per the internationally accepted grades approved by the International Silk Association.

(Unmesh Wagh)
Under Secretary to the Government of India.
[F.No.354/224/2002-TRU]