Anti-dumping duty: Industrial Sewing Machine Needles originating export
from Japan, Korea & China
WHEREAS
In the matter of import of Industrial Sewing Machine Needles falling under
Chapter 84 of the First Schedule of the Customs Tariff Act, 1975(51 of 1975,
originating in or exported from Japan, Korea RP and Peoples Republic of China,
the Designated Authority vide its preliminary findings, published in the Gazette
of India, Extraordinary, Part I, Section 1, dated the 2nd December,
1998 had come to the conclusion that-
(a) industrial sewing machine needles
originating in, or exported from Japan, Korea RP and Peoples Republic of China
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 imports into India from Japan,
Korea RP and People Republic of China;
AND
WHEREAS on the basis of the aforesaid findings of the Designated Authority, the
Central Government had imposed an anti-dumping duty vide notification No.106/98
Customs dated the 24th December, 1998 (G.S.R.765 (E) dated the 24th
December, 1998), published in Part II, Section 3, Sub- section (i) of the
Gazette of India, Extraordinary, 24th December, 1998 (hereinafter
referred to as the Provisional duty);
AND
WHEREAS the Designated Authority vide its final findings dated 12th
April, 1999, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 13th April, 1999, has come to the conclusion that the
petitioner is related to the exporter and hence does not satisfy the definition
of domestic industry and therefore did not qualify to file an anti-dumping
petition before the Designated Authority in terms of the Provisions contained in
clause (b) of rule (2) of the Customs Tariff (Identification, Assessment and
Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules 1995.
Now,
therefore, in exercise of the powers conferred by Section 9A of the Customs
Tariff Act, 1975 (51 of 1975) read with sub-rule 18 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 findings of the designated Authority, hereby
withdraws the levy of provisional anti-dumping duty on Industrial Sewing Machine
Needles falling under Chapter 84 of the First Schedule of the Customs Tariff
Act, 1975(51 of 1975 , originating in or exported from Japan, Korea RP and
Peoples Republic of China and consequently rescinds the notification of the
Government of India in the Ministry of Finance (Department of Revenue) No.106/
98-Cus. dated 24th December 1998 (G.S.R.765 (E), dated the 24th
December 1998).
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