GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 85 /2010-Customs
New Delhi, dated the 30th August, 2010
G.S.R. (E). – Whereas, the designated authority, vide its notification No.
15/34/2008-DGAD, dated 6th July, 2009 published in Part I, Section 1 of the
Gazette of India, Extraordinary, dated the 7th July, 2009, had initiated sunset
review in the matter of continuation of anti-dumping on imports of Acrylic Fibre(hereinafter
referred to as the subject goods) falling under sub-heading 55013000 or 55033000 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in, or exported from, the Japan and Belarus (hereinafter referred to
as the subject countries), imposed vide notifications of the Government of India
in the Ministry of Finance (Department of Revenue),
No. 114/2004- Customs, dated
the 21st December, 2004, published in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-section (i) vide number G.S.R.823(E), dated the 21st
December, 2004 and
No. 117/2004- Customs, dated the 30th December, 2004,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R.844(E), dated the 30th December, 2004;
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in, or exported from, Japan upto and inclusive of the
20th June, 2010 vide notification of the Government of India, in the Ministry of
Finance (Department of Revenue),
No. 129/2009- Customs, dated the 2nd December,
2009, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R. 855(E), dated the 2nd December, 2009;
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in, or exported from, Belarus upto and inclusive of
the 29th June, 2010 vide notification of the Government of India, in the
Ministry of Finance (Department of Revenue),
No. 134/2009- Customs, dated the
9th December, 2009, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R.871 (E), dated the 9th December,
2009;
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. 15/34/2008-DGAD,
dated 5th July, 2010 published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 5th July, 2010, had come to the conclusion that-
- the subject goods had been exported to India from Belarus below the normal
value. Though the same from Japan was above the normal value during period of
investigation, there was a likelihood of dumping from Japan and consequential
injury in case of revocation of duty;
- the domestic industry had suffered material injury;
- the material injury had been caused by the dumped imports from Belarus and
was likely to be caused by dumping of subject goods from Japan in case of
revocation of duty;
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
sub-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 duty at a rate which is equivalent to difference between the amount
mentioned in the corresponding entry in column (9), in the currency as specified
in the corresponding entry in column (11) and as per unit of measurement as
specified in the corresponding entry in column (10), of the said Table and the
landed value of imported goods in like currency as per like unit of measurement.
Table
S.no. |
Sub-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 |
55013000
or
55033000 |
Acrylic Fibre |
All Denier |
Belarus |
Belarus |
JSC Naftan Polymir |
JSC Naftan Polymir |
2886 |
Metric tonne |
US Dollar |
2 |
55013000
or
55033000 |
Acrylic Fibre |
All Denier |
Belarus |
Belarus |
Any combination of exporter and producer
|
2886 |
Metric tonne |
US Dollar |
3 |
55013000
or
55033000 |
Acrylic Fibre |
All Denier |
Belarus |
Any other country other than Japan |
Any combination of exporter and producer
|
2886 |
Metric tonne |
US Dollar |
4 |
55013000
or
55033000 |
Acrylic Fibre |
All Denier |
Any other country other than Japan |
Belarus |
Any combination of exporter and producer
|
2886 |
Metric tonne |
US Dollar |
5 |
55013000
or
55033000 |
Acrylic Fibre |
Ranging from 1.5 Denier to 8 Denier |
Japan |
Japan |
Any combination of exporter and producer
|
1681 |
Metric tonne |
US Dollar |
6 |
55013000
or
55033000 |
Acrylic Fibre |
Ranging from 1.5 Denier to 8 Denier |
Japan |
Any other country other than Belarus |
Any |
Any |
1681 |
Metric tonne |
US Dollar |
7 |
55013000
or
55033000 |
Acrylic Fibre |
Ranging from 1.5 Denier to 8 Denier |
Any other country other than Belarus |
Japan |
Any |
Any |
1681 |
Metric tonne |
US Dollar |
- 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,-
- “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, 8B, 9 and 9A of the said Customs Tariff Act, 1975;
- 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.354/55/2004 –TRU]