This notification
has been rescinded vide Customs Notification No. 98 dated 12th September
2002.
WHEREAS in the matter of import of
Partially Oriented Yarn (POY) of polyesters (hereinafter referred to as �the
subject goods�), falling under sub-heading No. 5402.42 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from
Turkey and Korea RP, the designated authority vide its preliminary
findings, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 23rd November, 2001, has come to the conclusion that-
(a)��� the exporters from Turkey and Korea RP
(hereinafter referred to as �the subject countries�) have been exporting the
subject goods below normal value resulting in dumping;
(b)��� the Indian industry has suffered material
injury;
(c)��� the injury has been caused cumulatively by
the dumped imports of the subject goods from the subject countries;
and the designated authority has
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;
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 above findings of the designated authority, hereby imposes on Partially
Oriented Yarn (POY) of polyesters, falling under sub-heading No. 5402.42 of the
First Schedule to the said Customs Tariff Act, originating in, or exported from
Turkey and Korea RP, and exported by exporters specified in column (2) of the
Table annexed hereto, and imported into India, an anti-dumping duty at the rate
specified in column (3) of the said Table.
|
Country
|
Name of
the Exporter
|
Anti
Dumping Duty
(US $ per kg.)
|
|
(1)
|
(2)
|
(3)
|
|
Turkey
|
M/s. SASA Dupont Sabanci Polyester
AS, Turkey
|
0.351
|
|
M/s. Korteks Mensucat Sabatu Ve
Ticaret AS, Turkey, (Korteks)
|
0.391
|
|
Other exporters
|
0.441
|
|
Korea RP
|
All exporters
|
0.358
|
2.���� The anti-dumping duty imposed under this
notification shall be effective upto and inclusive of the 26th
day of June 2002, 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.