GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.22/2012-Customs (ADD)
New Delhi, dated the 2nd May, 2012
G.S.R. (E). -Whereas, the designated authority vide notification No.
15/27/2010-DGAD, dated the 11th February,2011, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 11th February,2011, had
initiated review in terms of sub-section (5) of section 9A of the Customs Tariff
Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act)
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 (hereinafter referred to as the said rules), in the matter
of continuation of anti-dumping duty on imports of Partially Oriented Yarn (POY)
(hereinafter referred to as the subject goods), falling under Heading 5402 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 country), imposed vide notification of the Government of India, in the
Ministry of Finance (Department of Revenue),
No. 92/2007-Customs, dated the 3rd
August,2007, published in the Gazette of India, Extraordinary, Part II, Section
3, Sub-section (i), vide number G.S.R.535(E), dated the 3rd August,2007,as
extended vide notification of the Government of India, in the Ministry of
Finance (Department of Revenue),
No. 71/2011-Customs, dated the 9th August,
2011, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R.609 (E), dated the 9th August, 2011, and had
recommended, vide notification No. 15/27/2010-DGAD, dated the 10th February,
2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 10th February, 2012, continuation of anti-dumping duty at the rates notified
vide notification of the Government of India, in the Ministry of Finance
(Department of Revenue), No. 92/2007-Customs, dated the 3rd August,2007,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R.535(E), dated the 3rd August,2007,on imports
of the subject goods originating in, or exported from, the subject country.
Now, therefore, in exercise of the powers conferred by sub-section (1) read with
sub-section (5) of the section 9A of the said Customs Tariff Act, 1975 and 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, on the basis of 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 heading of
the First Schedule to the Customs Tariff Act, 1975, 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 countries specified in the
corresponding entry in column (5), and exported from the countries specified in
the corresponding entry in column (6) and produced by the producers specified in
the corresponding entry in column (7) and exported by the exporters specified in
the corresponding entry in column (8), and imported into India, an anti-dumping
duty which shall be equal to the amount specified in the corresponding entry in
column (9), in the currency as specified in the corresponding entry in column
(11) and per unit of measurement as specified in the corresponding entry in
column (10) of the said Table.
Table
| S. No. |
Heading |
Description of goods
|
Specification |
Country of origin |
Country of Export |
Producer |
Exporter |
Amount |
Unit of
Measurement |
Currency |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
| 1 |
5402 |
Partially Oriented Yarn |
Any |
People’s Republic of China |
Any |
Any |
Any |
545.22 |
Metric tonne |
US dollar |
| 2 |
5402 |
Partially Oriented Yarn |
Any |
Any |
People’s Republic of China |
Any |
Any |
545.22 |
Metric tonne |
US dollar |
2. The anti-dumping duty imposed shall be levied for a period of five years
(unless revoked, superseded or amended earlier) from the date of publication of
this notification in the Official Gazette and shall be payable 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 under sub-clause (i) of clause (a) of sub-section (3) of
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.
(Sanjeev Kumar Singh)
Under Secretary to the Government of India.
[F. No.354/100/2006-TRU (Pt.I)]