Notification No. 22/2012-Customs (ADD)

New Delhi, dated the 2nd May, 2012

G.S.R. 332(E). -Whereas, the designated authority vide notification No. 15/27/2010-DGAD, dated the 11th February,2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th February,2011, had initiated review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on imports of Partially Oriented Yarn (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), originating in, or exported from, the People’s Republic of China (hereinafter referred to as the subject country), imposed vide  notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 92/2007-Customs, dated the 3rd August,2007, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.535(E), dated the 3rd August,2007,as extended vide  notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 71/2011-Customs, dated the 9th August, 2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.609 (E), dated the 9th August, 2011, and had recommended, vide notification No. 15/27/2010-DGAD, dated the 10th February, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th February, 2012, continuation of anti-dumping duty at the  rates notified vide  notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 92/2007-Customs, dated the 3rd August,2007, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.535(E), dated the 3rd August,2007,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 the section 9A of the said Customs Tariff Act, 1975 and 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, 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 heading of the First Schedule to the Customs Tariff Act, 1975, 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 equal to 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.

Table

S. No. Heading Descri-

ption of goods

Specifi-cation Country of origin Country of Export Producer Exporter Amount Unit of

Measu-rement

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1

5402

Partially Oriented Yarn

Any

People’s Republic of China

Any

Any

Any

545.22

Metric tonne

US dollar

2

5402

Partially Oriented Yarn

Any

Any

People’s Republic of China

Any

Any

545.22

Metric tonne

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 publication of this notification in the Official Gazette and shall be payable in Indian currency.

Explanation.- For the purposes of this notification, “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 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.354/100/2006-TRU (Pt.I)]

(Sanjeev Kumar Singh)

Under Secretary to the Government of India.

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