Imposing provisional anti-dumping duty on nylon filament yarn

Government of India
Ministry of Finance
(Department of Revenue)

29^th March, 2006

 Notification No. 30/2006-Customs

Whereas in the matter of import of nylon filament yarn of specification ‘synthetic filament yarn including synthetic monofilament of less than 67 decitex, of nylon or other polyamides falling under chapter 54 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), excluding all high tenacity yarn of nylon including fishnet yarn of nylon’ (hereinafter referred to as the subject goods), originating in or exported from People’s Republic of China, Chinese Taipei, Malaysia, Indonesia, Thailand and People’s Republic of Korea (hereinafter referred to as the subject countries), the Designated Authority in its preliminary findings vide notification No. 14/5/2005-DGAD, dated the 3^rd February 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3^rd  February 2006, has come to the conclusion that –

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

(ii) the domestic industry has suffered material injury;

(iii) the injury has been caused cumulatively by the dumped imports from subject countries.

And whereas, the designated authority has proposed to impose provisional anti-dumping duty, pending final determination, on all imports of the 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, 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 Chapter of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2),  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 equivalent to the difference between 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, and the landed value of such imported goods in like currency per like unit of measurement.

table

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 28^th day of September 2006, and shall be payable in Indian currency.

Explanation. – For the purposes of this notification,

(i) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; and

(ii) “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 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.354/19/2006-TRU