GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No.81 /2009-Customs

New Delhi, the 13^th July, 2009

G.S.R. (E). – Whereas in the matter of import of viscose rayon filament yarn upto 150 deniers including monofilament yarn of less than 67 decitex falling under Chapter heading 5403 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the subject goods), originating in, or exported from, the People’s Republic of China (hereinafter referred to as the subject country) and Ukraine, the designated Authority in its final findings vide notification No. 14/23/2004-DGAD, dated the 4th April 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4th April 2006, had come to the conclusion that –

1.  the subject goods had been exported to India from the People’s Republic of China below its normal value;
   
   
2.  the domestic industry had suffered material injury and is facing threat of material injury;
   
   
3.  the injury had been caused by the dumped imports from the People’s Republic of China; and
   
   
4.  the anti-dumping investigations were terminated with regards to Ukraine, as imports from that country had been found to be negligible;

and had recommended imposition of definitive anti-dumping duty, on all imports of the subject goods originating in or exported from the People’s 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 on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 45/2006–Customs, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.308 (E), dated the 24th May, 2006


And whereas the designated authority, in its final findings in mid-term review, vide notification No. 15/8/2007-DGAD, dated the 22nd May, 2009, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 22nd May, 2009, had come to the conclusion that-

1. the subject goods were entering the Indian market at dumped prices and dumping margins of the subject goods imported from the People’s Republic of China was substantial and above de-minimis; and the product continued to be exported to India at dumped prices.
   
2. the subject goods were likely to enter Indian market at dumped prices, should the present measures be withdrawn;
   
3. the situation of domestic industry deteriorated further in spite of existing anti- dumping duties; should the present anti dumping duties be revoked, injury to the domestic industry is likely to continue and intensify; and
   
4. the deterioration in the performance of the domestic industry was because of dumped imports from the People’s Republic of China;

and had recommended continued imposition of anti-dumping duty on all imports of the subject goods originating in, or exported from, the People’s Republic of China.


Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act, 1975, read with rule 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 hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 45/2006–Customs, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.308 (E), dated the 24th May, 2006, namely:-


In the said notification, for the Table, the following Table shall be substituted, namely:-

“Table

[F. No. 354/48/2006-TRU (pt)]
(Prashant Kumar)
Under Secretary to the Government of India

Note: The principal notification No. 45/2006-Customs dated the 24th May 2006, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.308 (E), dated the 24th May 2006 and last amended by notification No. 34/2009-Customs, dated the 31st March, 2009 published vide number G.S.R. 223(E), dated the 31st March, 2009.