GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 23 /2012-Customs (ADD)
New Delhi, the 4th May, 2012
G.S.R. (E). -Whereas, the designated authority vide notification No.
15/23/2010-DGAD, dated the 25th February,2011, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 25th 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 Viscose Filament Yarn,
falling under Chapter 54 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975), originating in, or exported from, People’s Republic of China,
imposed vide notification of the Government of India, in the Ministry of Finance
(Department of Revenue),No. 45/2006-Customs, dated the 24th May, 2006, 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 had recommended
extension of the anti-dumping duty vide notification No. 15/23/2010-DGAD, dated
the 24th February,2012, published in the Gazette of India, Extraordinary, Part
I, Section 1, dated the 24th February,2012.
Now, therefore, in exercise of the powers conferred by sub-section (1) read
with sub-section (5) of section 9A of the said Customs Tariff Act, 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, on the basis of the aforesaid
findings of the designated authority, hereby imposes anti- dumping duty on the
goods, the description of which is specified in column (3) of the Table below,
falling under heading 5403 of the First Schedule to the said Customs Tariff Act
as specified in the corresponding entry in column (2),originating in the country
specified in the corresponding entry in column (4), and exported from the
country specified in the corresponding entry in column (5) and produced by the
producer specified in the corresponding entry in column (6) and exported by the
exporter specified in the corresponding entry in column (7), and imported into
India, an anti-dumping duty at the rate indicated in the corresponding entry in
column (8) of the said Table.
Table
S. No |
Heading |
Description of goods
|
Country of origin |
Country of export |
Producer |
Exporter |
Duty rate (ad valorem) |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
1 |
5403 |
Viscose Filament Yarn |
China PR |
China PR |
M/s Yibin Hiest Fibre Limited Corporation
|
M/s Yibin Hiest Fibre Limited Corporation
|
5.04% |
2 |
5403 |
Viscose Filament yarn |
China PR |
China PR |
Any combination of producer & exporter
except at Sr. No.1 |
16.90% |
3 |
5403 |
Viscose Filament yarn |
China PR |
Any country other than China PR |
Any |
Any |
16.90% |
4 |
5403 |
Viscose Filament yarn |
Any country other than China PR |
China PR |
Any |
Any |
16.90% |
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, -
(i) Viscose Filament Yarn herein means Viscose Rayon Filament Yarn up to 150
deniers (and + 4% permissible variation thereof) including mono filament yarn of
less than 67 decitex also known as Viscose filament yarn or VFY, Rayon Filament
Yarn, Art Silk Yarn, Cellulose Yarn or Rayon Yarn and includes all yarns made of
100% viscose yarns such as dyed yarn, flat yarn, microfilament micro yarn,
twisted yarn (with the exclusion of embroidered yarn), doubled/ multiple ply
yarn etc of VFY; and
(ii) “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 the 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.354/48/2006 –TRU (Pt)]