G.S.R. (E).- WHEREAS in the matter of import of Acrylic Fibre (hereinafter referred to as the subject goods), falling under sub-heading 5501.30 or 5503.30 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, UK, Germany, Bulgaria and Brazil (hereinafter referred to as subject countries), the designated authority vide its final findings notification No.42/1/2001-DGAD dated the 27th August, 2002,, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 27th August, 2002, has come to the conclusion that-
(a) the subject goods have been exported to India from subject countries below its normal value;
(b) the Indian industry has suffered injury;
(c) the injury has been caused by the dumped imports from subject countries;
And whereas on the basis of aforesaid final findings of the designated authority, the Central Government had imposed anti-dumping duty vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue) No. 104/2002-Customs, dated the 9th October, 2002, published vide G.S.R. 690(E), dated the 9th October, 2002 in Part II, section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 9th October, 2002;
And whereas the designated authority, vide its mid-term review findings notification No. 15/18/2004-DGAD dated 7th April 2005, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 8th April 2005, has come to the conclusion that-
(a) Acrylic fibre has been exported to India from Germany and Bulgaria below its normal value; however, the exports from U.K. were not below the normal value and were thus not being dumped. There was no evidence of dumping from Brazil. There is no likelihood of recurrence of dumping from Brazil and UK;
(b) the domestic industry has not suffered material injury as a result of dumping from Germany and Bulgaria;
(c) there is no likelihood of recurrence of injury in case the antidumping duty imposed on import from subject countries is withdrawn;.
and has recommended withdrawal of anti dumping duty on imports of acrylic fibre originating in or exported from the subject countries;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act, and rule 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, hereby rescinds the notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 104/2002-Customs, dated the 9th October 2002, published vide G.S.R. 690(E), dated the 9th October, 2002 in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9th October 2002, except as respects things done or omitted to be done before such rescission.
[F.No.354/223/2001-TRU]
(V. Sivasubramanian)
Deputy Secretary to the Government of India
|