[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
30th April, 2003
Notification No. 70/2003-Customs
WHEREAS, in the matter of import of Nylon Tyre Cord Fabric (NTCF) falling under sub-heading 5902 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (herein after referred to as the subject goods), originating in or exported from South Korea, Indonesia, Thailand and Taiwan (herein after referred to as the subject countries), the designated authority, vide notification No. 31/1/98-DGAD, dated the 22nd February, 2000, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 22nd February, 2000, had in its final findings concluded that-
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(a) |
Nylon Tyre Cord Fabric (NTCF) originating in, or exported from, subject countries had been exported to India below its normal value, resulting in dumping; |
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(b) |
the domestic industry had suffered material injury; |
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(c) |
the injury had been caused to the domestic industry by the dumping of the subject goods originating in or exported from subject countries. |
AND WHEREAS, on the basis of the aforesaid findings of the designated authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 32/2000-Customs, dated the 28th March, 2000 [G.S.R. 263 (E), dated the 28th March], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 28th March, 2000;
AND WHEREAS, the Central Government, on the basis of the final order No. 37-40/2000-AD, dated the 6th November, 2000 of the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal Nos. C/194/2000-AD with C/Misc/288/2000-AD, C/195/2000-AD, C/233/2000-AD and C/234/2000-AD, has revised the duties imposed under the said notification No. 32/2000-Customs vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 157/2000-Customs, dated the 27th December, 2000 [G.S.R. 938(E), dated the 27th December], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th December, 2000;
AND WHEREAS, on the basis of a request by the domestic industry for review in terms 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, the Designated Authority initiated investigations to review the need for continued imposition of anti-dumping duty on all imports of the subject goods from the subject countries;
AND WHEREAS, the designated authority in its final findings on the review vide notification No. 57/1/2001-DGAD, dated the 20th March, 2003, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 20th March, 2003, has recommended for discontinuance of the anti-dumping duties recommended earlier vide final findings No. 31/1/1998-ADD dated 22/2/2000 and imposed on all imports of the subject goods, originating in or exported from the subject countries.
NOW THEREFORE, in exercise of the powers conferred by section 9A of the said Customs Tariff Act read with rules 18, 20 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 after considering the aforesaid final findings in review of the designated authority, hereby rescinds the notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), Nos.32/2000-Customs, dated the 28th March, 2000 and 157/2000-Customs, dated the 27th December, 2000, except as respect things done or omitted to be done before such rescission.
V.Sivasubramanian
Deputy Secretary to the Government of India
F.No.354/199/2002-TRU
