Anti-Dumping Duty: Sports Shoes, non-leather sports footwear export
originating from the People�s Republic of China
WHEREAS in the matter of import of Sports Shoes,
non-leather sports footwear (hereinafter referred to as "the subject
goods"), falling under sub-heading No. 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, had come to the conclusion that -
(a) the subject goods,
originating in, or exported from, the People�s Republic of China had been
exported to India below their normal value;
(b) the domestic industry
had 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 had 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 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 People�s Republic of China;
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. 15/2001-Customs, dated the 9th February, 2001, published in Part II, Section
3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9th
February, 2001 vide No. G.S.R. 80 (E), dated the 9th February, 2001;
AND WHEREAS, the Designated Authority, vide its
final findings, published in the Gazette of India, Extraordinary, Part I,
Section I, dated the 12th September, 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 loss in production 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, 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-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 Sports Shoes, non-leather sports footwear, of categories
specified in column (2) of the Table annexed hereto, falling under sub-heading No. 6402.12, 6402.19, 6403.12, 6403.19, 6404.11, 6405.20 or 6405.90 of the First Schedule to
the said Customs Tariff Act, 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.
S.No.
|
Category
of Sports Shoes
|
Amount
(US $ per pair)
|
(1)
|
(2)
|
(3)
|
1.
|
(a) Bearing a brand name
|
12.9
|
(b) Goods other than (a) above
|
5.044
|
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 9th
February, 2001, 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 section 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, 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.
|