Anti-Dumping Duty: Sports Shoes, Non-leather sports footwear export
originating from People�s Republic of China
This notification has been rescinded by the Notification no. 97
dated 25th September 2001.
WHEREAS in the matter of import of Sports Shoes, non-leather
sports footwear (hereinafter referred to as �the subject goods�),
falling under sub-heading Nos. 6402.12, 6402.19, 6403.12, 6403.19, 6404.11,
6405.20 or 6405.90 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975), originating in, or exported from, the People�s Republic of China, the
Designated Authority vide its preliminary findings, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 25th January,
2001, has come to the conclusion that -
(a)
the subject goods, originating in, or exported from, the People�s
Republic of China have been exported to India below their normal value;
(b)
the domestic industry has suffered material injury by way of decline in
its market share and financial losses due to depressed selling prices on account
of price depression caused by low landed prices of the dumped subject goods;
(c)
the injury has been caused to the domestic industry by dumping of the
subject goods originating in, or exported from, the People�s Republic of
China;
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 People�s Republic of
China;
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 Sports Shoes, non-leather sports footwear, of
categories specified in column (2) of the Table annexed hereto, falling under
sub-heading Nos. 6402.12, 6402.19, 6403.12, 6403.19, 6404.11, 6405.20 or 6405.90
of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating
in, or exported from, the People�s Republic of China, when exported by any
exporter/producer, 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 (3) of the said Table and the landed value of such imported
subject goods in US$ per pair.
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S. No.
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Category of Sports Shoes
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Amount
(US $ per pair)
|
|
(1)
|
(2)
|
(3)
|
|
1.
|
(a)
Bearing brand name of Nike, Reebok or Adidas
(b)
Unbranded or bearing brand names other than (a) above
|
18.44
6.277
|
2.
The anti-dumping duty imposed under this notification shall be effective
upto and inclusive of the 8th day of August 2001, and shall be
payable in Indian currency.
Explanation- For the purposes of this
notification, -
(a) �Ianded 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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