Imposing provisional antidumping duty on silk fabrics imported from China

Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs

May 31, 2006  

Notification No. 52/2006-Customs

G.S.R. (E).- Whereas in the matter of import of silk fabrics of weight 20 to 100 grams per meter falling under heading 5007 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 People’s Republic of China (hereinafter referred to as the subject country), the designated authority in its preliminary findings vide notification No. 14/20/2004-DGAD, dated the 27^th April 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28^th April 2006, has come to the conclusion that –

(i) the subject goods have been exported to India from the subject country below their normal value;

(ii) the domestic industry has suffered material injury;

(iii) the injury has been caused by the dumped imports from the subject country

And Whereas, the designated authority has recommended imposition of provisional anti-dumping duty, pending final determination, on all imports of the subject goods originating in or exported from the subject country;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 and 20 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 on the goods, the description of which is specified in column (3) of the Table below, falling under tariff items of the First Schedule to the said Customs Tariff Act 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 equivalent to the difference between 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, and the landed value of such imported goods in like currency per like unit of measurement,-

Table

* List of Non-Sampled Exporters (S.No. 26 to 30 of the Table above):-

1. Longchang Yinhua Silk Co.

2. Jiangsu Hongbao Group Imp. & Exp. Co. Ltd.

3. Chongqing Boshan Silk Co. Ltd.

4. Anhui Silk Co. Ltd.

5. Xinyuan Cocoon Silk Group Co. Ltd.

6. Huzhou Sentong Silk Weaving Co. Ltd.

7. Shanghai Silk Group Co. Ltd.

8. Zhejiang Mihuang Import & Export Co. Ltd.

9. Deyang Bailong Lifeng Silk Fabric Co. Ltd.

10. Jiangsu Soho International Group Corp.

11. Guangdong Silique International Group Gold Silk Co. Ltd.

12. Guangdong Silique International Group Wintex Corp. Ltd.

13. Chengdu Investment Imp. & Exp. Co. Ltd.

14. Chengdu Kilter Silk Trade Corporation Ltd.

15. Chongqing  Wintus New Star Trade Development Ltd.

16. Guizhou Fortune Green Products Import & Export Co. Ltd.

17. Qindao Hirun Investment Group Co. Ltd.

18. Zhejiang Jiaxing Silk Imp. & Exp. Co. Ltd.

19. Sichuan New Rise (Langzhong) Silk Co. Ltd.

20. Sichuan New Rise Imp. & Exp. Co. Ltd.

21. Sichuan Yate Silk Import/Export Co. Ltd.

22. ChenFeng (Jiangsu) Clothing Co. Ltd.

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 30^th day of November 2006, and shall be payable in Indian currency.

Explanation. – For the purposes of this notification,-

(i)  “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; 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.

[F.No.354/64/2006-TRU]

CORRIGENDUM 

Dated: August 21, 2006

In the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 52/2006-Customs, dated the 31st May 2006 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.329(E), dated the 31st May 2006,

(I) at page 21, in line 32, for “Fabrics Imp.”, read “Imp.”;

(II) at page 21, in line 43, for “Fabrics Imp.”, read “Imp.”;

(III) at page 22, in line 5, for “Fabrics Imp.”, read “Imp,”;

(IV) at page 22, in line 17, for “Fabrics Imp.”; read “Imp.”; and

(V) at page 22, in line 28, for “Fabrics Imp.”, read “Imp.”

F.No.354/64/2006-TRU

(S. Bajaj)
Under Secretary to the Government of India