Customs Notification No. 45 dated 21^st March 2003

WHEREAS in the matter of import of Certain Polyester Staple Fibres (PSF) (hereinafter referred to as "the subject goods"), falling under tariff item 5503 20 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Korea RP, Malaysia, Taiwan and Thailand, the designated authority vide its preliminary findings notification No. 22/ 1/ 2001 - DGAD dated the 17^th January 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17^th January 2002, had determined that  -

(a)    the subject goods, originating in, or exported from, the subject countries had been exported to India below normal value, resulting in dumping;

(b)    the Indian industry had suffered material injury and threat thereof;

(c)    injury had been caused by imports 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 on subject goods vide notification of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), No. 69/ 2002-Customs, dated the 10^th July 2002, [G.S.R. 488 (E), dated the 10^th July 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 10^th July 2002;

AND WHEREAS the designated authority, vide its final findings notification No. 22/ 1/ 2001-DGAD dated the 24^th December 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24^th December 2002, has determined that -

(a)    the subject goods, originating in, or exported from, the subject countries have been exported to India below normal value, resulting in dumping;

(b)    the Indian industry has suffered material injury and threat thereof;

(c)    injury has been caused by imports from the subject countries;

and has recommended the imposition of definitive anti-dumping duty 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 (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and 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 aforesaid final findings of the designated authority, hereby imposes on all imports of Polyester Staple Fibres (PSF), of various lustres and of deniers ranging from 0.8 to 4.5, having round/circular cross-section and of all cut lengths/staple lengths (excluding speciality products, namely, dope dyed, cationic dyeable, easy dyeable, low pilling or anti-pilling, hollow PSF, fire retardant, low melt, conjugate, bicomponent and fibrefill), falling under tariff item 5503 20 00 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country specified in column (1) of the Table given below, when exported by producers/exporters specified in column (2) of the said Table, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (3) of the said Table and the landed value, in US $ per kilogram, of such imported subject goods.

Table

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 10^th July 2002, and shall be paid in Indian currency.