GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.108 /2010-Customs
New Delhi, dated the 6th October, 2010
G.S.R. (E). – Whereas, the designated authority, vide its notification No.
15/9/2009-DGAD, dated 20th August,2009 published in Part I, Section 1 the
Gazette of India, Extraordinary, dated the 21st August,2009, had initiated a
review in the matter of continuation of anti-dumping on imports of Narrow woven
fabrics having pile weave, made up of manmade fibres (also known as hook and
loop tape fasteners or Velcro tapes or fastening tape) (hereinafter referred to
as the subject goods) falling under heading 5806 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the
People's Republic of China and Chinese Taipei (hereinafter referred to as the
subject countries), imposed vide notification of the Government of India in the
Ministry of Finance (Department of Revenue),
No. 76/2005- Customs, dated the
25th July,2005, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R.503(E), dated the 25th July,2005;
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in, or exported from, the subject country upto and
inclusive of the 13th February, 2011 vide notification of the Government of
India, in the Ministry of Finance (Department of Revenue),
No. 46/2010- Customs,
dated the 12th April, 2010, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R.311(E), dated the 12th
April, 2010;
And whereas, in the matter of review of anti-dumping on import of the subject
goods, originating in, or exported from, the subject countries, the designated
authority in its final findings issued vide notification No. 15/9/2009-DGAD,
dated 19th August, 2010 published in the Gazette of India, Extraordinary, Part
I, Section 1, dated the 19th August, 2010, had come to the conclusion that-
- the subject goods were entering the Indian market at dumped prices and
dumping margin of the subject goods imported from subject countries were
significant and above the de-minimis limits prescribed. The subject goods
continued to be exported to India at dumped prices in spite of existing anti
dumping duties;
- the domestic industry continued to suffer material injury in spite of the
existing anti dumping duties. Further, it was noted that in the event that the
present anti dumping duties were revoked, injury to the domestic would likely to
continue and intensify;
- the anti-dumping duty is required to be extended and modified;
and had recommended continued imposition of definitive anti-dumping duty on
imports of the subject goods, originating in, or exported from, the subject
countries and imported into India, in order to remove injury to the domestic
industry;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and
(5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules
18 and 23 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, after considering the aforesaid final findings of
the designated authority, hereby imposes on the subject goods, the description
of which is specified in column (3) of the Table below, falling under heading of
the First Schedule to the said Customs Tariff Act as specified in the
corresponding entry in column (2), the specification of which is specified in
column (4) of the said Table, originating in the country as specified in the
corresponding entry in column (5), and produced by the producer as specified in
the corresponding entry in column (7), when exported from the country as
specified in the corresponding entry in column (6), by the exporter as specified
in the corresponding entry in column (8), and imported into India, an
anti-dumping at the rate equal to the amount indicated in the corresponding
entry in column (9), in the currency specified in the corresponding entry in
column (11) and per unit of measurement specified in the corresponding entry in
column (10) of the said Table.
Table
S. No. |
Heading |
Description of goods
|
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measurement
|
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
1 |
5806 |
Narrow woven fabrics having pile weave, made up of
manmade fibres (also known as hook and loop tape fasteners or Velcro
tapes or fastening tape) |
Any |
Any Country |
Chinese Taipei |
Any producer |
Any exporter |
1.75 |
kg |
US Dollar |
2 |
5806 |
Narrow woven fabrics having pile weave, made up of
manmade fibres (also known as hook and loop tape fasteners or Velcro
tapes or fastening tape) |
Any |
Chinese Taipei |
Any |
Any producer |
Any exporter |
1.75 |
kg |
US Dollar |
3 |
5806 |
Narrow woven fabrics having pile weave, made up of
manmade fibres (also known as hook and loop tape fasteners or Velcro
tapes or fastening tape) |
Any |
Any Country |
People’s Republic of China |
Any producer |
Any exporter |
2.87 |
kg |
US Dollar |
4 |
5806 |
Narrow woven fabrics having pile weave, made up of
manmade fibres (also known as hook and loop tape fasteners or Velcro
tapes or fastening tape) |
Any |
People’s Republic of China |
Any |
Any producer |
Any exporter |
2.87 |
kg |
US Dollar |
2. The anti-dumping duty imposed under this notification shall be effective
for a period of five years (unless revoked, superseded or amended earlier) from
the date of publication of this notification in the Official Gazette. The
anti-dumping duty shall be paid 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 conferred by 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.
(Prashant Kumar)
Under Secretary to the Government of India.
[F.No.354/70/2004 –TRU]