Anti-dumping duty: Acrylic Fibre originating export from Mexico
WHEREAS
in the matter of import of Acrylic fibre, including tow and tops, 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 Mexico,
the Designated Authority, vide its preliminary findings, published in the
Gazette of India, Extraordinary, Part-I, Section-I, dated the 8th
April, 1999, had come to the conclusion that
(a)
Acrylic fibre originating in or exported from Mexico, 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 by imports from the subject country;
AND
WHEREAS on the basis of the aforesaid findings of the Designated Authority, the
Central Government has imposed an antidumping duty vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.64/99
Customs, dated the 14th May 1999 (G.S.R.351 (E), Dated the 14th
May, 1999), published in Part-II, Section-3, Sub-section (I) of the Gazette of
India, Extraordinary, dated the 14th May, 1999, (hereinafter referred
to as the provisional duty):
AND
WHEREAS The Designated authority vide notification No.21/1/98-DGAD, published in
Part-I, Section-1, of the Gazette of India, Extraordinary, dated the 25th
June, 1999, has in its final findings conclusion that �
(a)
Acrylic fibre has been exported from Mexico to India below normal value
resulting in dumping.
(b)
the domestic industry has suffered material injury;
(c)
the casual link between dumping and injury is established,
Now,
therefore, in exercise of the powers conferred by sub-section (1) 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 acrylic fibre, including tow and tops, ranging from
1.5 denier and falling under Chapter 55 of the First Schedule to the said
Customs Tariff Act, 1975(51 of 1975, when originating in or exported from
Mexico, by any exporter, and imported into India, an anti-dumping duty which
shall be equivalent to the difference between the amount of Rs.83.70 (Rupees
eighty three and paise seventy) per Kg., and the landed value of acrylic fibre
per Kg.
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 14th May, 1999.
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 customs duties
levied under section 3, 3A, 8B, 9 or section 9A, as the case may be, of the said
Customs Tariff Act.
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