GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No. 3 /2012-Customs (ADD)

New Delhi, the13th January, 2012

G.S.R. (E). -Whereas, the designated authority vide notification No. 15/14/2010-DGAD, dated the 27th August,2010, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 27th August,2010, had initiated review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on imports of Nylon Filament Yarn, falling under Chapter 54 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People’s Republic of China, Chinese Taipei, Malaysia, Thailand and Korea RP imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue),No. 85/2006-Customs, dated the 29th August, 2006, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.512(E), dated the 29th August,2005, and had recommended continuation of the anti-dumping duty vide notification No. 15/14/2010-DGAD, dated the 19th November,2011, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 19th November,2011.

Now, therefore, in exercise of the powers conferred by sub-section (1) read with sub-section (5) of section 9A of the said Customs Tariff Act, 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, on the basis of the aforesaid findings of the designated authority, hereby imposes anti- dumping duty on the goods, the description of which is specified in column (3) of the Table below, specification of which is specified in column (4) of the Table below, falling under chapter of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (3),originating in the country specified in the corresponding entry in column (5), and exported from the country specified in the corresponding entry in column (6) and produced by the producer specified in the corresponding entry in column (7) and exported by the exporter specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10) of the said Table.

Table

Provided that no anti dumping duty shall be payable on imports of:
A.

i. Nylon flame retardant yarn,

ii. Nylon air texturised yarn,

iii. Nylon 66 and Nylon 11 yarn,

iv. 170/24 and Nylon 280/14 denier yarn used for hook and loop tape fasteners,

v. U.V treated yarn,

if their landed price is above US$ 4.24, and

B. Nylon monofilament yarn, if their landed price is above US$ 5.17.

Provided further that the tolerance limit in case of above specified denierage would be as per applicable customs and excise notification.

2. The anti-dumping duty imposed shall be levied for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the official Gazette and shall be payable in Indian currency.

Explanation. - For the purposes of this notification, -

(i) "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; and

(ii) “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 Customs Act, 1962 (52 of 1962) 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.

[F.No.354/19/2006 –TRU]
(Sanjeev Kumar Singh)
Under Secretary to the Government of India.