Notification No. 51/2015-Customs (ADD) – seeks to further amend notification No. 12/2012-Customs dated 17.03.2012 so as to increase the basic customs duty on wheat [CTH 1001 19 00 and 1001 99 10] from the present rate of 10% to 25% for a period up to and inclusive of 31.03.2016.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 51/2015-Customs (ADD)

New Delhi, the Dated- 21st October, 2015

G.S.R. 804(E). – Whereas, the designated authority, vide  notification No. 15/3/2014-DGAD, dated the 24th March, 2014,  published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on 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 heading 5402 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in or exported from the People’s Republic of China and Thailand (hereinafter referred to as the subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 124/2009-Customs, dated the 11th November, 2009,  published in the Gazette of India, Extraordinary,  Part II, Section 3, Sub-section (i), vide number G.S.R. 809(E), dated the 11th November, 2009;

            And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject countries upto and inclusive of the 25th March, 2015, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 18/2014-Customs (ADD), dated the 9th May, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R 331(E), dated the 9th May, 2014;

            And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject countries, the designated authority in its final findings, published vide notification No. 15/3/2014-DGAD, dated the 22nd September, 2015, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that dumping and consequent injury to the domestic industry is likely to continue or reoccur in the event of cessation of anti dumping duty on imports of subject goods from the subject countries and has recommended imposition of the anti-dumping duty on the subject goods, originating in or exported from the subject countries.

            Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, read with 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, after considering 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 as specified in the corresponding entry in column (2),  originating in the countries as specified in the corresponding entry in column (4), exported from the countries as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10)  and as per unit of measurement as specified in the corresponding entry in column (9) of the said Table, namely:-

Contents

Table
S.No.
Heading
Description of goods
Country of origin
Country of export
Producer
Exporter
Amount
Unit
Currency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
1.
5402
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY) 
People’s Republic of China
People’s Republic of China
Any
Any
547
MT
US Dollar
2.
5402
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY) 
People’s Republic of China
Any country other than People’s Republic of China
Any
Any
547
MT
US dollar
3.
5402
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY) 
Any country other than People’s Republic of China
People’s Republic of China
Any
Any
547
MT
US Dollar
4.
5402
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY) 
People’s Republic of China
People’s Republic of China
Jiangsu Hengli Chemical Fibre Co. Ltd
Jiangsu Hengli Chemical Fibre Co. Ltd
256
MT
US Dollar
5.
5402
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY) 
Thailand
Thailand
Indorama Polyester Industries Public Company Limited (formerly Indo Poly (Thailand) Ltd.)
Indorama Polyester Industries Public Company Limited (formerly Indo Poly (Thailand) Ltd.)
57.78
MT
US Dollar
6.
5402
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY) 
Thailand
Thailand
Any combination other than mentioned at S. No. 4 above
248.63
MT
US Dollar
7.
5402
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY) 
Thailand
Thailand
Any
Any
248.63
MT
US dollar
8.
5402
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY) 
Thailand
Any country other than Thailand
Any
Any
248.63
MT
US Dollar
9.
5402
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non – POY) 
Any country other than Thailand
Thailand
Any
Any
248.63
MT
US Dollar

 1. The anti-dumping duty imposed under this notification shall be effective 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 paid in Indian currency.

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 (Pt.-I)]

(Santosh Kumar Mishra)

Under Secretary to the Government of India

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