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Anti-Dumping Duty: Specified Polyester Staple Fibres (PSF), originating
in, or exported from, Korea RP, Malaysia, Taiwan and Thailand
Notification
No. 69 dated 10th July 2002
WHEREAS
in the matter of import of Certain Polyester Staple Fibres (PSF) (hereinafter
referred to as "the subject goods"), falling under sub-heading 5503.20
of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating
in, or exported from, Korea RP, Malaysia, Taiwan and Thailand (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 17th January, 2002, has come to the
conclusion 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
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 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 fiberfill), falling under sub-heading 5503.20 of the
First Schedule to the said Customs Tariff Act, when originating in, or exported
from, the countries specified in column (2) of the Table hereto annexed, by the
producers/exporters mentioned in the corresponding entry in column (3) of the
said Table and imported into India, an anti-dumping duty at the rate which shall
be calculated as the difference between the corresponding amount mentioned in
column (4) of the said Table and the landed value of such imported subject goods
in US $ per kg.
Table
|
S.
No.
|
Name
of Country
|
Name
of Producer/ Exporter
|
Amount
(US$ per kg.)
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
1
|
Korea
RP
|
All
exporters
|
1.264
|
|
2
|
Malaysia
|
M/s
Penfibre SDN. BHD., Malaysia
|
1.118
|
|
3
|
Malaysia
|
All
exporters other than that specified against S. No. 2
|
1.264
|
|
4
|
Taiwan
|
All
exporters
|
1.264
|
|
5
|
Thailand
|
M/s
Tuntex (Thailand) Public Co. Ltd., Thailand
|
1.054
|
|
6
|
Thailand
|
M/s
Teijin (Thailand) Ltd.
|
0.951
|
|
7
|
Thailand
|
All
exporters other than M/s Teijin Polyester (Thailand) Ltd. and those
specified against S. Nos. 5 and 6
|
1.264
|
2.
The anti-dumping duty imposed under this notification shall be effective upto
and inclusive of the 9th day of January 2003, and shall be
payable in Indian currency.
Explanation
- For the purposes of this notification, -
(a)
"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;
(b)
"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 said Customs Act, 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.
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