Notification No. 106/2002-Customs, dated: 09.10.2002

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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

9th October, 2002

Notification No. 106/2002-Customs

WHEREAS, the designated authority, vide notification published in the Gazette of India, Extraordinary, No. 26/1/2001-DGAD, dated the 7th August, 2001, Part I, Section 1, had initiated sunset review in the matter of continuation of anti-dumping duty imposed vide notification No. 72/2001-Customs, dated the 28th June, 2001 on Acrylic Fibre falling under Chapter 55 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, USA, Korea RP and Thailand, and had also requested for suitable extension of anti-dumping duty, pending the results of investigations;

AND WHEREAS the Central Government has extended the anti-dumping duty imposed on Acrylic Fibre, falling under Chapter 55 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, USA, Korea RP and Thailand vide the said notification No. 72/2002-CUSTOMS, dated the 28th June, 2001 as amended vide notification No. 42/2002-Customs, dated the 12th April, 2002 [G.S.R. 283 (E), dated the 12th April, 2002], upto and inclusive of 24th October, 2002;

AND WHEREAS the designated authority, vide its findings in sunset review, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th August, 2002, has come to the conclusion that –

(a) Acrylic Fibre has been exported from the subject countries to India below its normal value;

(b) the domestic industry is suffering injury;

(c) the injury may intensify if anti-dumping duty is removed;

NOW, THEREFORE, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act, read with 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 Central Government, hereby imposes on the said Acrylic Fibre falling under Chapter 55 of the First Schedule to the said Customs Tariff Act, when originating in, or exported from, the countries specified in column (2) of the Table hereto annexed, by the exporters mentioned in the corresponding entry in column (3) of the said Table and imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (4) of the said Table.

Table

PROVIDED that no anti-dumping duty shall be imposed on Homopolymer Acrylic Fibre, falling under Chapter 55 of the First Schedule to the said Customs Tariff Act, containing 100 per cent. Acrylonitrile, when originating in, or exported from, the countries specified in column (2) of the above Table and imported into India, if the price of such imported Homopolymer Acrylic Fibre is equal to or higher than US $ 2.40 per kilogram CIF (cost, insurance and freight), subject to a variation of 5 per cent. in the said CIF value.

2. The anti-dumping duty shall be paid in Indian currency.

Explanation. -For the purposes of this notification, the 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 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.

G.D.Lohani
Under Secretary to the Government of India

F.No. 354/48/2002-TRU