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Anti-dumping duty: Acrylic Fibre, originating export from Japan, Spain,
Portugal or Italy
WHEREAS in the matter of imported
of acrylic fibre, ranging from 1.5 denier to 8.0 denier and falling under
Chapter 55 of the First Schedule to the Customs Tariff Act, 1975(51 of 1975 originating in or exported from Japan, Spain,
Portugal or Italy, the Designated Authority vide its preliminary findings,
published in Part-I, Section-1 of the Gazette of India Extraordinary, dated the
20th October, 1998, had come to the conclusion that-
(i)
acrylic fibre of Japan, Spain, Portugal and Italy, has been exported to
India below normal value, resulting in dumping;
(ii) the
Indian Industry has suffered material injury;
(iii) the
injury has been caused cumulatively by the imports from Japan, Spain, Portugal
and Italy;
AND WHEREAS On the basis of the
aforesaid findings of the Designated Authority, the Central Government has
imposed anti duty vide notification of the Government of India in the Ministry
of Finance (Department of Revenue). No.90/98-Customs dated 17th November 1998
[G.S.R.683 (E), dated the 17th November, 1998] published in Part-II, Section-3,
Sub section (i) of the Gazette of India, Extraordinary, dated the 17th November,
1998 (hereinafter referred to as the provisional duty);
AND WHEREAS the Designated
Authority vide notification No.32/1/97-ADD, published in Part-I, Section-I of
the Gazette of India Extraordinary, dated the 24th December, 1998 has in its
final findings concluded that-
(i)
acrylic fibre exported from Japan, Spain, Portugal and Italy, has been
exported to India below its normal value resulting in dumping of acrylic fibre.
(ii) the
domestic Industry has suffered material injury; and
(iii) the
casual link between dumping and injury is established.
Now therefore, in exercise of the
powers conferred by sub-section (2) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) 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 after considering the aforesaid final findings of the Designated
Authority, hereby imposes on the said acrylic fibre, excluding modacrylic fibre
when originating in, or exported from, the country specified in column (2) of
the Table annexed, by the exporters mentioned in the corresponding entry in
column (3) of the said Table, and imported into, an anti-dumping duty which
shall be equivalent to difference between the amount mentioned in the
corresponding entry in column (4) of the said Table and the landed value of
acrylic fibre per Kg.
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S.No.
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Name of the
Country
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Name of the
Producer/ Exporter
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Amount (in
US$ per Kg.)
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(1)
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(2)
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(3)
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(4)
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1.
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Japan
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Asahi
Chemicals Industries Ltd.
Mitsubishi
Rayon CO. Ltd.
Toyobo
Co. Ltd.
Any
other exporter
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2.28
2.23
2.16
2.28
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2.
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Spain
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Any
exporter
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2.30
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3.
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Portugal
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Any
exporter
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2.08
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4.
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Italy
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Any
exporter
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2.28
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The anti-dumping duty imposed under
this notification shall be levied with effect from the date of imposition of
provisional duty, i.e. the 17th November 1998.
Explanation
1- 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
customs duties levied under section 3, 3A, 8B, 9 or section 9A, as
the case may be, of the said Customs Tariff Act.
Explanation 2- For
the purposes of this notification, the rate of exchange for conversion of US$
into Indian rupees for levy of the anti-dumping duty shall be the �rate of
exchange� determined by the Central Government in terms of clause (a) of sub-section (3) of section 14 of the Customs Act
as in force on the date on which the relevant bill of entry is presented under
section 46 of the said Customs Act.
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