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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

21st August, 2006

Notification No. 82/2006-Customs

    G.S.R. (E). – Whereas in the matter of import of fully drawn yarn or fully oriented yarn or spin drawn yarn or flat yarn of polyester (non-textured and non-POY) and other yarn (hereinafter referred to as the subject goods) falling under tariff item 5402 43 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from Indonesia, Republic of Korea,  Malaysia and Chinese Taipei (hereinafter referred to as the subject countries), the designated authority in its preliminary findings vide notification No. 14/3/2005-DGAD, dated the 3rd July 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd  July 2006, has come to the conclusion that –

(i)         the subject goods originating in or exported from subject countries have been exported to India below their normal values;

(ii)        the domestic industry has suffered material injury;

(iii)       the injury has been caused to the domestic industry by dumped imports of subject goods originating in or exported from the subject countries; and has recommended imposition of 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 tariff item 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 equal to 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.

Table
S.No.
Tariff item
Description of goods
Specification
Country of origin
Country of    export
Producer
Exporter
Amount
Unit of measurement
Currency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
1
5402 43 00
Fully drawn yarn
Any
Indonesia
Any
Any other than P.T. Mutu Gading Tekstil
Any other than P.T. Mutu Gading Tekstil
699
MT
US Dollar
2
5402 43 00
Fully drawn yarn
Any
Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei
Indonesia
Any
Any
699
MT
US Dollar
3
5402 43 00
Fully drawn yarn
Any
Republic of Korea
Any
H.K.Corporation
H.K.Corporation
107
MT
US Dollar
4
5402 43 00
Fully drawn yarn
Any
Republic of Korea
Any
Any other than H.K.Corporation,  Hyosung Corporation, Saehan Industry and Huvis Corporation
Any other than H.K.Corporation,  Hyosung Corporation, Saehan Industry and Huvis Corporation
558
MT
US Dollar
5
5402 43 00
Fully drawn yarn
Any
Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei
Republic of Korea
Any
Any
558
MT
US Dollar
6
5402 43 00
Fully drawn yarn
Any
Malaysia
Any
Hualon Corporation
Hualon Corporation
140
MT
US Dollar
7
5402 43 00
Fully drawn yarn
Any
Malaysia
Any
Any other than Hualon Corporation
Any other than Hualon Corporation
419
MT
US Dollar
8
5402 43 00
Fully drawn yarn
Any
Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei
Malaysia
Any
Any
419
MT
US Dollar
9
5402 43 00
Fully drawn yarn
Any
Chinese Taipei
Any
Nan Ya Plastics Corporation
Nan Ya Plastics Corporation
57
MT
US Dollar
10
5402 43 00
Fully drawn yarn
Any
Chinese Taipei
Any
China Man made Fiber Corporation
China Man made Fiber Corporation
268
MT
US Dollar
11
5402 43 00
Fully drawn yarn
Any
Chinese Taipei
Any
Any other than Nan Ya Plastics Corporation and China Man made Fiber Corporation
Any other than Nan Ya Plastics Corporation and China Man made Fiber Corporation
421
MT
US Dollar
12
5402 43 00
Fully drawn yarn
Any
Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei
Chinese Taipei
Any
Any
421
MT
US Dollar

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 20th day of February 2007, and shall be payable in Indian currency.

Explanation. – For the purposes of this notification, “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.354/80/2006-TRU]

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Category : Custom Duty (6694)
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