GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 39/2015-Customs (ADD)
New Delhi, the 12th August, 2015
G.S.R. (E). – Whereas, the designated authority, vide notification No.
15/30/2013-DGAD, dated the 10th March, 2014, published in the Gazette of India,
Extraordinary, Part I, Section 1, had initiated a review in the matter of
continuation of anti-dumping duty on imports of Flax or Linen Fabric having flax
content of more than 50% (hereinafter referred to as the subject goods) falling
under heading 5309 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975) (hereinafter referred to as the Customs Tariff Act), originating in or
exported from the People’s Republic of China and Hong Kong (hereinafter referred
to as the subject countries), imposed vide notification of the Government of
India, in the Ministry of Finance (Department of Revenue) No. 142/2009-CUSTOMS,
dated the 21st December, 2009, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i), vide number G.S.R. 915(E), dated the 21st
December, 2009;
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in or exported from the subject countries upto and
inclusive of the 25th March, 2015, vide notification of the Government of India,
in the Ministry of Finance (Department of Revenue)
No. 17/2014-Customs (ADD),
dated the 9th May, 2014, published in Part II, Section 3, Sub-section (i) of the
Gazette of India, Extraordinary, vide number G.S.R 330(E), dated the 9th May,
2014;
And whereas, in the matter of review of anti-dumping duty on import of the
subject goods,
originating in or exported from the subject countries, the designated authority
in its final findings,
published vide notification No. 15/30/2013-DGAD, dated the 9th June, 2015, in
the Gazette of
India, Extraordinary, Part I, Section 1, has come to the conclusion that-
- subject goods are exported from the subject countries at prices below
their normal
value, thus resulting in dumping;
- dumping margin and injury margin are positive in respect of imports of the
subject goods from the subject countries;
- subject goods exported from the subject countries are likely to cause
injury to the domestic industry in the event of cessation of anti dumping duty, and has recommended imposition of the anti-dumping duty on the subject goods,
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 Customs Tariff Act, 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 heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in
column (2), originating in the countries as specified in the corresponding entry
in column (4), exported from the countries as specified in the corresponding
entry in column (5), produced by the producers as specified in the corresponding
entry in column (6), exported by the exporters as specified in the corresponding
entry in column (7), and imported into India, an anti-dumping duty at the rate
equal to the amount as specified in the corresponding entry in column (8), in
the currency as specified in the corresponding entry in column (10) and as per
unit of measurement as specified in the corresponding entry in column (9) of the
said Table, namely:-
Table
S. No |
Heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 |
5309 |
Flax or
Linen
Fabric
having flax
content of
more than
50% |
People’s
Republic of
China |
Any |
Any |
Any |
0.75 |
Per metre
|
US Dollar |
2 |
5309 |
Flax or
Linen
Fabric
having flax
content of
more than
50% |
Any country
other than
Hong Kong
and country
attracting antidumping
duty |
People’s
Republic
of China |
Any |
Any |
0.75 |
Per metre
|
US Dollar |
3 |
5309 |
Flax or
Linen
Fabric
having flax
content of
more than
50% |
Hong Kong |
Any |
Any |
Any |
0.63 |
Per metre |
US Dollar |
4 |
5309 |
Flax or
Linen
Fabric
having flax
content of
more than
50% |
Any country
other than
People’s
Republic of
China and
country
attracting antidumping
duty |
Hong Kong
|
Any |
Any |
0.63 |
Per metre
|
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 and shall
be paid in Indian currency.
Explanation.- For the purposes of this notification,
rate of exchange applicable for the purposes of calculation of such 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 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.
[F.No. 354/62/2009-TRU (Pt.-I)]
(Akshay Joshi)
Under Secretary to the Government of India
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