GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 51/2015-Customs (ADD)
New Delhi, the 21st October, 2015
G.S.R. (E). Whereas, the designated authority, vide notification No.
15/3/2014-DGAD, dated the 24th 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 All Fully Drawn or Fully
Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non 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) (hereinafter
referred to as the Customs Tariff Act), originating in or exported from the
Peoples Republic of China and Thailand (hereinafter referred to as the subject
countries), imposed vide notification of the Government of India, in the
Ministry of Finance (Department of Revenue)
No. 124/2009-Customs, dated the 11th
November, 2009, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), vide number G.S.R. 809(E), dated the 11th November,
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. 18/2014-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 331(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.
15/3/2014-DGAD, dated the 22nd September, 2015, in the Gazette of India,
Extraordinary, Part I, Section 1, has come to the conclusion that dumping and
consequent injury to the domestic industry is likely to continue or reoccur in
the event of cessation of anti dumping duty on imports of subject goods from the
subject countries 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. |
5402 |
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non POY) |
People s Republic of China |
People s Republic of China |
Any |
Any |
547 |
MT |
US Dollar |
2. |
5402 |
All Fully Drawn or Fully Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester (non-textured and non POY) |
People s Republic of China |
Any country other than People s Republic of China |
Any |
Any |
547 |
MT |
US dollar |
3. |
5402 |
All Fully Drawn or Fully Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester (non-textured and non POY) |
Any country other than People s Republic of China |
People s Republic of China |
Any |
Any |
547 |
MT |
US Dollar |
4. |
5402 |
All Fully Drawn or Fully Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester (non-textured and non POY) |
People s Republic of China |
People s Republic of China |
Jiangsu Hengli Chemical Fibre Co. Ltd |
Jiangsu Hengli Chemical Fibre Co. Ltd |
256 |
MT |
US Dollar |
5. |
5402 |
All Fully Drawn or Fully Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester (non-textured and non POY) |
Thailand |
Thailand |
Indorama Polyester Industries Public Company Limited
(formerly Indo Poly (Thailand) Ltd.) |
Indorama Polyester Industries Public Company Limited
(formerly Indo Poly (Thailand) Ltd.) |
57.78 |
MT |
US Dollar |
6. |
5402 |
All Fully Drawn or Fully Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester (non-textured and non POY) |
Thailand |
Thailand |
Any combination other than mentioned at S. No. 4
above |
248.63 |
MT |
US Dollar |
7. |
5402 |
All Fully Drawn or Fully Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester (non-textured and non POY) |
Thailand |
Thailand |
Any |
Any |
248.63 |
MT |
US dollar |
8. |
5402 |
All Fully Drawn or Fully Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester (non-textured and non POY) |
Thailand |
Any country other than Thailand |
Any |
Any |
248.63 |
MT |
US Dollar |
9. |
5402 |
All Fully Drawn or Fully Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester (non-textured and non POY) |
Any country other than Thailand |
Thailand |
Any |
Any |
248.63 |
MT |
US Dollar |
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. 354/29/2009-TRU (Pt.-I)]
(Santosh Kumar Mishra)
Under Secretary to the Government of India
|