GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.41/2009-Customs
New Delhi, the 29th April, 2009
G.S.R. (E). – Whereas, the designated authority, vide its notification No.
14/20/2008-DGAD, dated 16th September, 2008, had initiated review, in terms of
sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) and
in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and
Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on
imports of Nylon Tyre Cord Fabric (NTCF) [hereinafter referred to as the subject
goods], falling under sub-heading 5902 10 of the First Schedule to the Customs
Tariff Act 1975, (51 of 1975), originating in, or exported from, the People’s
Republic of China (hereinafter referred to as the subject countries), imposed
vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 36/2005-Customs, dated the 27th April, 2005,
published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 27th April, 2005 [G.S.R. 248 (E), dated the 27th April,
2005];
And whereas, in the matter of review of anti-dumping on import of the subject
goods, originating in, or exported from, the subject country, the designated
authority in its final findings issued vide notification No. 14/20/2008-DGAD,
dated 31st March, 2009, published in Part I, Section 1 of the Gazette of India,
Extraordinary, dated the 1st April, 2009, has come to the conclusion that-
- subject goods originating in or exported from the People’s Republic of China
has been exported to India below their normal value, resulting in dumping;
- dumping of subject goods from subject country continue to cause material
injury to the domestic industry; and
- in case of revocation of anti-dumping duties on the subject goods from
subject countries, the dumping is likely to continue (from the People’s Republic
of China ) leading to the continuance or intensification of injury to the
domestic industry;
and has recommended continued imposition of definitive anti-dumping duty on
imports of the subject goods, originating in, or exported from, the subject
country and imported into India, in order to remove injury to the domestic
industry;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5)
of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18
and 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, after considering the aforesaid final findings of
the designated authority, hereby imposes on the subject goods, , the description
of which is specified in column (3) of the Table below, falling under
sub-heading of the First Schedule to the said Customs Tariff Act as specified in
the corresponding entry in column (2), the specification of which is specified
in column (4) of the said Table, originating in the country as specified in the
corresponding entry in column (5), and produced by the producer as specified in
the corresponding entry in column (7), when exported from the country as
specified in the corresponding entry in column (6), by the exporter as specified
in the corresponding entry in column (8), and imported into India, an
anti-dumping duty at a rate which is equal to the amount as specified in the
corresponding entry in column (9), in the currency as specified in the
corresponding entry in column (11) and as per unit of measurement as specified
in the corresponding entry in column (10), of the said Table.
Table
S.No |
Sub-heading |
Description of goods |
Grade |
Country of origin |
Country of Export |
Producer |
Exporter |
Amount |
Unit of measur-ement |
Curre-ncy |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
1. |
5902 10 |
Nylon Tyre Cord Fabric (NTCF) |
All Grades |
The People’s Republic of China |
The People’s Republic of China |
M/s. Ningbo Nylon Company Ltd. |
Ningbo Jinlun Import & Export Co. Ltd. |
1.24 |
kilogram |
US dollar |
2. |
5902 10 |
Nylon Tyre Cord Fabric (NTCF) |
All Grades |
The People’s Republic of China |
The People’s Republic of China |
Any combination other than at 1 above |
|
1.76 |
kilogram |
US dollar |
3. |
5902 10 |
Nylon Tyre Cord Fabric (NTCF) |
All Grades |
The People’s Republic of China |
Any Country other than the People’s Republic of China
|
Any |
Any |
1.76 |
kilogram |
US dollar |
4 |
5902 10 |
Nylon Tyre Cord Fabric (NTCF) |
All Grades |
Any country other than country (ies) attracting anti- dumping duty
|
The People’s Republic of China |
Any |
Any |
1.76 |
kilogram |
US dollar |
2. The anti-dumping duty imposed under this notification shall be effective for
a period of five years (unless revoked, superseded or amended earlier) from the
date of publication of this notification in the Official Gazette. The
anti-dumping duty shall be paid in Indian currency.
Explanation. - For the purposes of this notification, rate of exchange
applicable for the purposes of calculation of 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 powers conferred by 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.
(Unmesh Sharad Wagh)
Under Secretary to the Government of India.
[F. No.354/63/2004-TRU (Part-II)