[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. 111/2008-Customs

New Delhi, the 22nd October, 2008

            G.S.R. (E). -Whereas the designated authority vide notification No. 14/3/2005-DGAD, dated the 8th September, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th September, 2008, had come to the conclusion that M/s H.K. Corporation, Republic of Korea had violated the conditions of the price undertaking given in terms of rule 15 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, and had decided to treat M/s H.K. Corporation, Republic of Korea as a non-cooperating exporter and had recommended imposition of definitive final anti-dumping duty on imports of fully drawn yarn or fully printed yarn or fully oriented yarn or spin drawn yarn or flat yarn of polyester and other yarns falling under Chapter 52 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the subject goods), produced or exported by M/s H.K Corporation, Republic of Korea, at a rate equal to US$ 588 per Metric Tonne (MT), which is also the rate applicable to all other non-cooperating exporters from Republic of Korea as notified vide notification of the Government of India, Ministry of Finance (Department of Revenue), No.15/2007-CUSTOMS, dated the 20th February, 2007, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 94(E), dated the 20th February, 2007;

And whereas the Central Government had imposed a provisional anti-dumping duty at the rate of US$ 107 per MT on the subject goods produced and exported by M/s H.K. Corporation, Republic of Korea and imported into India vide notification of the Government of India, Ministry of Finance (Department of Revenue), No.69/2008-CUSTOMS, dated the 15th May, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 379(E), dated the 15th May, 2008;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Act, read with rules 18 and 20 of the said Rules, the Central Government hereby makes the following further amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue), No.15/2007-CUSTOMS, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 94(E), dated the 20th February, 2007, namely: –

In the said notification, –

(I)        in the Table I, S. No. 5 and the entries relating thereto, shall be omitted;

(II)       after paragraph 2, and before the Explanation, the following paragraph shall be inserted, namely:-

“3.        The anti-dumping duty imposed under this notification on imports of fully drawn yarn or fully printed yarn or fully oriented yarn or spin drawn yarn or flat yarn of polyester and other yarns falling under Chapter 52 of the First Schedule to the said Customs Tariff Act, produced and exported by M/s H.K. Corporation, Republic of Korea and imported into India, shall be levied with effect from the 15th November, 2007″.

[F.No.354/80/2006-TRU]

(Sonal Bajaj)

Under Secretary to the Government of India

Note.- The principal notification No.15/2007-CUSTOMS, dated the 20th February, 2007, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 94(E), dated the 20th February, 2007 and was last amended by the notification No.68/2008-CUSTOMS, dated the 15th May, 2008, which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 378(E), dated the 15th May, 2008.

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