[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 121/2009-Customs

New Delhi, the 30th October, 2009

G.S.R. (E). – Whereas, in the matter of import of Nylon Tyre Cord Fabric (NTCF) (hereinafter referred to as the subject goods), falling under sub heading 5902 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), originating in, or exported from, Belarus (hereinafter referred to as the subject country) and imported into India, the designated authority in its preliminary findings vide notification No.14/09/2008-DGAD dated the 3rd March, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd March, 2009, had come to the conclusion that-

  1. the product under consideration had been exported to India from Belarus below its normal value;

  2. the domestic industry had suffered material injury; and

  3. the injury had been caused by the dumped imports from Belarus;

and had recommended imposition of provisional anti-dumping duty on imports of the subject goods, originating in, or exported, from the subject country;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 39/2009-Customs, dated 29th April, 2009, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 289(E), dated the 29th April, 2009;

And whereas, the designated authority in its final findings vide notification No. 14/09/2008-DGAD dated the 29th September, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th September, 2009 , had come to the conclusion that-

(a)  The product under consideration had been exported to India from Belarus below its normal value.

 (b)   The domestic industry had suffered material injury.

 (c)  The injury had been caused by the dumped imports from Belarus.

and had recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported, from the subject country;

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 and 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, on the basis of 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 subheading 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), originating in the country as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the country as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount indicated 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.

Table.
Sl. No.
Sub- heading
Description of goods
Specification
Country of Origin
Country of export
Producer
Exporter
Duty Amount
Unit
Currency
1
2
3
4
5
6
7
8
9
10
11
1 5902 10 Nylon Tyre Cord Fabric All Grades Belarus Singapore Grodno Khimvo

lokno

Kapsco Private Ltd. 0.77 Kg US Dollar
2 5902 10 Nylon Tyre Cord Fabric All Grades Belarus Belarus Grodno Khimvo

lokno

Grodno Khimvo

lokno

0.77 Kg US Dollar
3 5902 10 Nylon Tyre Cord Fabric All Grades Belarus Belarus Any combination other than at 2 above 0.92 Kg US Dollar
4 5902 10 Nylon Tyre Cord Fabric All Grades Belarus Any country other than Belarus Any combination other than at 1 above 0.92 Kg US Dollar
5 5902 10 Nylon Tyre Cord Fabric All Grades Any country other than country/ies attracting anti dumping duty. Belarus Any Any 0.92 Kg US Dollar

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 imposition of the provisional anti-dumping duty, that is, 29th April, 2009 and shall be payable 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.354/70/2009 –TRU]
(Prashant Kumar)
Under Secretary to the Government of India

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