prpri Imposes of provisional anti-dumping duty on imports of All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester Imposes of provisional anti-dumping duty on imports of All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

 Notification No. 29/2009-Customs

New Delhi, the 26th March, 2009

G.S.R.–(E). – Whereas in the matter of imports of All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY) (hereinafter referred to as the subject goods), falling under tariff item 5402 47 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, Thailand and Vietnam (hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No.14/3/2008-DGAD dated the 23rd January, 2009 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th January, 2009 has come to the conclusion that –

(a)  the subject goods have been exported to India from the subject countries below its normal  value;

(b)  the domestic industry has suffered material injury; and

(c)  the injury has been caused by the dumped imports from the subject countries;

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

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, 1975 read with rules 13 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 findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item 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) of the said Table, originating in the country as specified in the corresponding entry in column (5), and exported from the country as specified in the corresponding entry in column (6), and produced by the producer as specified in the corresponding entry in column (7), and exported by the exporter 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

S. No
Tariff Item
Descri ption of goods
Specifi cation
Country of origin
Country of  export
Producer
Exporter
Amo unt
Unit of measur ement
Curr ency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
1.
5402 47 00
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY)
Any
People’s Republic of China
People’s Republic of China
TONGKUN GROUP CO. LTD.
TONG KUN GROUP CO. LTD.
200. 53
MT
US dollar
2.
5402 47 00
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY)
Any
People’s Republic of China
People’s Republic of China
TONGKUN GROUP HENG SHENG CHEMICAL FIBRE CO. LTD
TONG KUN GROUP HENG SHENG CHEMI CAL FIBRE CO. LTD
225.52
MT
US dollar
3.
5402 47 00
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY)
Any
People’s Republic of China
People’s Republic of China
WUXI GODSHEEP INDUSTRY & TRADE CO. LTD.
Jiangsu Godsheep Chemical Fibre Co. Ltd.
275.42
MT
US dollar
4
5402 47 00
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY)
Any
People’s Republic of China
People’s Republic of China
JIANGSU HENGLI CHEMICALS FIBRE CO. LTD
JIANGSU HENGLI CHEMI CALS FIBRE CO. LTD
112.64
MT
US dollar
5
5402 47 00
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY)
Any
People’s Republic of China
People’s Republic of China
Any combination other than at S. No. 1 to 4 above
527.31
MT
USD
6
5402 47 00
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY)
Any
People’s Republic of China
Any other than People’s Republic of China
Any
Any
527.31
MT
US dollar
7
5402 47 00
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY)
Any
Any other than subject countries
People’s Republic of China
Any
Any
527.31
MT
US dollar
8
5402 47 00
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY)
Any
Vietnam
Vietnam
Any
Any
232.86
MT
US dollar
9
5402 47 00
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY)
Any
Vietnam
Any other than Vietnam
Any
Any
232.86
MT
US dollar
10
5402 47 00
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY)
Any
Any other than subject countries
Vietnam
Any
Any
232.86
MT
US dollar
11
5402 47 00
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY)
Any
Thailand
Thailand
INDO POLY (THAILAND) LTD.
INDO POLY (THAI LAND) LTD.
283.21
MT
US dollar
12
5402 47 00
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY)
Any
Thailand
Thailand
Any combination other than at S. No. 11 above
379.74
MT
USD
13
5402 47 00
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY)
Any
Thailand
Any other than Thailand
Any
Any
379.74
MT
US dollar
14
5402 47 00
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY)
Any
Any other than subject countries
Thailand
Any
Any
379.74
MT
US dollar

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 25th  September, 2009.

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.354/29/2009 -TRU]

(Unmesh Sharad Wagh)

Under Secretary to the Government of India.

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