Anti-Dumping Duty: Partially Oriented Yarn (POY) of polyester export
originating from Taiwan, Thailand, Indonesia and Malaysia
This
notification has been rescinded by the Notification no. 16 dated 8th
February 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 Taiwan, Thailand, Indonesia and Malaysia, the
designated authority vide its preliminary findings, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 30th March, 2001,
has come to the conclusion that -
(a) the exporters from Taiwan, Thailand,
Indonesia and Malaysia (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 powers conferred by sub-section (2) of section 9A of
the said Customs Tariff Act, read with rule 13 and rule 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 Taiwan, Thailand, Indonesia and Malaysia, 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)
|
|
Taiwan
|
M/s. China Man Made
Corporation
|
0.284
|
|
M/s.
Tuntex-Distinct Corporation, Taiwan
|
0.392
|
|
M/s. Tun Ho
Spinning Weaving & Dyeing Co. Ltd., Taiwan
|
0.215
|
|
M/s. Nan Ya
Plastics Corporation, Taiwan
|
0.370
|
|
M/s. Hualon
Corporation, Taiwan
|
0.574
|
|
M/s. Chia Hsin Food
& Fiber Co. Ltd.
|
0.682
|
|
Other Exporters
|
0.801
|
|
Thailand
|
M/s. Sunflag
(Thailand) Ltd.
|
0.181
|
|
M/s. Tuntex
(Thailand) Ltd.
|
0.271
|
|
M/s. Indo Poly
|
0.483
|
|
Other Exporters
|
0.483
|
|
Indonesia
|
M/s. Pt Polysindo
Eka Perkasa Tbk
|
0.327
|
|
M/s. Pt Gt
Petrochem, Tbk
|
0.441
|
|
Other Exporters
|
0.441
|
|
Malaysia
|
All Exporters
|
0.464
|
2. The anti-dumping duty
imposed under this notification shall be effective upto and inclusive of the 11th
day of October 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 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 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.
|