Seeks to further amend notification No. 35/2018-Customs(ADD) regarding levy of anti-dumping duty on High Tenacity Polyester Yarn to amend the name of exporter name from ‘M/s. Oriental Textile (Holding) Ltd.’ to ‘M/s. Oriental Industries (Suzhou) Ltd’.
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 46/2019-Customs (ADD)
New Delhi, the 19th December, 2019
G.S.R. 939(E).– Whereas, in the matter of ‘High Tenacity Polyester Yarn(HTPY)’ (hereinafter referred to as the subject goods) falling under tariff item 5402 20 90 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 China PR(hereinafter referred to as subject country), and imported into India, the Designated Authority in its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 6/12/2017-DGAD, dated the 24th May, 2018 had come to the conclusion that –
(i) the subject goods have been exported to India from the subject country below its normal value, resulting in dumping;
(ii) the domestic industry had suffered material injury due to dumping of the product under consideration from the subject country;
(iii) the material injury had been caused by the dumped imports of the subject goods from subject country,
and had recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from the subject country and imported into India, in order to remove injury to the domestic industry;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed the anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 35/2018-Customs(ADD), dated the 9th July, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 620(E), dated the 9th July, 2018;
And whereas, M/s. Oriental Industries (Suzhou) Ltd. requested Directorate General of Trade Remedies for change in name of the exporter company from “M/s. Oriental Textile (Holding) Ltd.” to “M/s. Oriental Industries (Suzhou) Ltd” in its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 6/12/2017-DGAD, dated the 24th May, 2018;
And whereas, the designated authority, vide amendment notification No. 30/2/2019-DGTR, dated the 24th October, 2019 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th October, 2019 has come to the conclusion that the request falls within the category of name change only and there is no change in the basic nature of the business and recommended that the name of the exporter viz. “Oriental Textile (Holding) Ltd.”, be amended to “Oriental Industries (Suzhou) Ltd.” in its final findings 6/12/2017-DGAD, dated the 24th May, 2018.
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 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, after considering the aforesaid amendments to final findings of the designated authority, hereby makes the following further amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue) No. 35/2018-Customs (ADD), dated the 9th July, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 620(E), dated the 9th July, 2018, namely:-
In the said notification, in the Table, against serial number 5,-
(i) in the entry in column (6), for the word “Industrial”, the word “Industries” shall be substituted;
(ii) for the entry in column (7), the entry “Oriental Industries (Suzhou) Ltd.”, shall be substituted;
[F. No. 354/233/2018-TRU]
(Gunjan Kumar Verma)
Under Secretary to the Government of India
Note.- The principal notification No. 35/2018-Customs (ADD), dated the 9th July, 2018 was published, in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 620(E), dated the 9th July, 2018 and subsequently amended vide notification No. 10/2019-Customs (ADD), dated the 12th February, 2019 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 105(E), dated the 12th February, 2019.
