Anti dumping Duty: Acrylic Fibre export originating from Taiwan
WHEREAS in the matter of import
of Acrylic Fibre, including tow and tops, falling under Chapter 55 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or
exported from Taiwan, the designated authority, vide its preliminary findings,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
11th November, 1999, has come to the conclusion that-
(a) Acrylic Fibre originating in or
exported from Taiwan, has been exported to India below normal value, resulting
in dumping;
(b) the
Indian industry has suffered material injury;
(c) the
injury has been caused cumulatively by the imports from the subject country.
AND WHEREAS on the basis of the
aforesaid findings of the designated authority, the Central Government has
imposed anti-dumping duty on said Acrylic fibre including tow and tops, vide
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 3/2000-Customs, dated the 12th January, 2000 [G.S.R.
33(E), dated the 12th January, 2000] published in Part II, Section 3,
Sub-section (i) of the Gazette of India, Extraordinary, dated the 12th
January, 2000 (hereinafter referred to as the provisional duty).
AND WHEREAS the designated
authority vide notification No. 27/1/99-DGAD dated the 11th July,
2000, published in Part I, Section1 of the Gazette of India Extraordinary, dated
the 11th July 2000, has in its final findings concluded that-
(a) Acrylic
Fibre originating in or exported from Taiwan has been exported to India below
its normal value;
(b) the
domestic industry has suffered material injury;
(c) the injury has been caused to the domestic
industry by the dumping of the subject goods originating in or exported from
Taiwan.
Now, therefore, in exercise of
the powers conferred by sub-section (1) 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 aforesaid final
findings of the designated authority, hereby imposes on the said Acrylic Fibre,
including tow and tops, falling under Chapter 55 of the First Schedule to the
said Customs Tariff Act, originating in or exported from Taiwan, when exported
by the company or exporter mentioned in column (2) of the Table below, and
imported into India, an anti-dumping duty at the rate specified in the
compounding entry in column (3) of the said Table.
S. No.
|
Name of Company or Exporter
|
Amount of anti-dumping duty (in US $
per kg.)
|
(1)
|
(2)
|
(3)
|
1.
|
M/s Formosa Plastics
Corporation
|
0.140
|
2
|
Any other exporter
|
0.240
|
2. The anti-dumping duty imposed under
this notification shall be levied with effect from the date of imposition of the
provisional duty, i.e., the 12th January, 2000.
Explanation- For the purposes of
this notification, the anti-dumping duty shall be paid in Indian currency. The
�rate of exchange� applicable for the purposes of calculation of such
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 power 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 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.
|