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Anti-Dumping Duty: Partially Oriented Yarn (POY) of Polyesters
originating in, or exported from, Turkey and Korea RP
Customs Notification No. 97 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
5402.42 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in, or exported from, Turkey and Korea RP (hereinafter referred to
as 'the subject countries), the designated authority vide its preliminary
findings, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 23rd November, 2001, had come to the conclusion that -
(a)
the exporters from 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 had 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;
AND
WHEREAS on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed an anti-dumping duty vide notification
No.131/2001-Customs, dated the 27th December, 2001, published in Part
II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the
27th December, 2001 vide No. G.S.R. 923 (E) dated the 27th
December 2001;
AND
WHEREAS, the designated authority, vide its final findings, published in the
Gazette of India, Extraordinary, Part I, Section I, dated the 16th
August, 2002, has come to the conclusion that-
(a) the exporters from 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;
NOW,
therefore, in exercise of the powers conferred by sub-sections (1) and (5) 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, 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 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/producers specified in column (2) of the Table given below, and
imported into India, an anti-dumping duty at the rate specified in the
corresponding entry in column (3) of the said Table.
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Name
of the Country
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Name
of the exporter
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Anti
dumping duty
(US$
per kg.)
|
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Turkey
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M/s.
SASA Dupont Sabanci Polyester AS, Turkey
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0.434
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M/s.
Korteks Mensucat Sabatu Ve Ticaret AS, Turkey, (Korteks)
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0.360
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Other
exporters
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0.546
|
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Korea
RP
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All
exporters
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0.605
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2.
The anti-dumping duty imposed under this notification shall be
levied with effect from the date of imposition of the provisional anti-dumping
duty, i.e., the 27th December, 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 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 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.
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