[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
29th August, 2006
Notification No. 84/2006-Customs
G.S.R. (E).- Whereas in the matter of import of Nylon Tyre Cord Fabrics (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), originating in, or exported from, the People’s Republic of China (hereinafter referred to as the subject country) and imported into India, the designated authority vide its final findings, in notification No. 14/20/2003-DGAD, dated 9th March 2005 published in the Gazette of India, Extraordinary, Part I, Section I, dated the 7th April, 2005 has come to the conclusion that-
(i) Subject goods of all types, originating in or exported from the subject country has been exported to India below normal value, resulting in dumping;
(ii) the domestic industry has suffered material injury;
(iii) material injury has been caused by dumped imports from the subject country,
and recommended imposition of anti-dumping duty on all imports of the subject goods from subject country in order to remove the injury to the domestic industry;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods, vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2005-Customs, dated the 27th April, 2005, published in Part II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary, dated the 27th April, 2005 [G.S.R. 248 (E), dated the 27th April, 2005];
And whereas, M/s Junma Tyre Cord Company Limited, People’s Republic of China has requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 in respect of exports of the subject goods made by them, and the designated authority, vide new shipper review notification No. 15/11/2006-DGAD dated the 11th July, 2006 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th July 2006, has recommended provisional assessment of all exports of the subject goods made by the above stated party till the completion of the review by it;
Now therefore, in exercise of the powers conferred by sub-rule (2) of rule 22 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 recommendation of the designated authority, hereby orders that pending the outcome of the said review by the designated authority, the subject goods, when exported by M/s Junma Tyre Cord Company Limited, People’s Republic of China and imported into India, shall be subjected to provisional assessment till the review is completed.
2. The provisional assessment may be subject to such security or guarantee as the proper officer of customs deems fit for payment of the deficiency, if any, in case a definitive anti dumping duty is imposed retrospectively, on completion of investigation by the designated authority.
3. In case of recommendation of anti-dumping duty after completion of the said review by the designated authority, the importer shall be liable to pay the amount of such antidumping duty recommended on review and imposed on all imports of subject goods exported by M/s Junma Tyre Cord Company Limited, People’s Republic of China and imported into India, from the date of initiation of the said review.
[F. No. 354/ 63/2004-TRU]