Another Five Years for Anti-dumping Duty on POY from China in Review
Ntfn 22-ADD Whereas, the
designated authority vide notification
02.05.2012 No.15/27/2010-DGAD,
dated the11th February,2011,
(DoR) published in the
Gazette of India, Extraordinary, Part I,
Section 1, dated
the 11th February,2011, had initiated review in terms of
sub-section(5) of section 9A of the Customs Tariff Act,1975 (51 of 1975)
(hereinafter referred to as the said Customs Tariff Act) and in pursuance of
rule 23 of the Customs Tariff (Identification, Assessment and Collection of
Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995 (hereinafter referred to as the said rules), in the matter of continuation
of anti-dumping duty on imports of Partially Oriented Yarn (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), originating in, or
exported from, the People’s Republic of China (hereinafter referred to as the
subject country), imposed vide notification of the Government of
India, in the Ministry of Finance (Department of Revenue), No.
92/2007-Customs, dated the 3rd August,2007, published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i), vide
number G.S.R.535(E), dated the 3rd August,2007,as extended vide
notification of the Government of India, in the Ministry of Finance
(Department of Revenue), No. 71/2011-Customs, dated the 9th August,
2011, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R.609 (E), dated the 9th
August, 2011, and had recommended, vide notification No. 15/27/2010-DGAD, dated
the 10th February, 2012, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 10th February, 2012,
continuation of anti-dumping duty at the
rates notified vide notification of the Government of
India, in the Ministry of Finance (Department of Revenue), No.
92/2007-Customs, dated the 3rd August,2007, published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i), vide
number G.S.R.535(E), dated the 3rd August,2007,on imports of the
subject goods originating in, or exported from, the subject country.
Now, therefore, in exercise of the powers conferred
by sub-section (1) read with sub-section (5) of the section 9A of the said
Customs Tariff Act, 1975 and 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,
on the basis of 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, 1975, as specified in the corresponding entry in column
(2), the specification of which is specified in column (4) of the said Table,
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 |
||||||||||
|
SNo. |
Heading |
Description of goods |
Specifi-cation |
Country of origin |
Country of Export |
Producer |
Exporter |
Amount |
Unit of Measure-ment |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1 |
5402 |
Partially Oriented Yarn |
Any |
People’s Republic of
China |
Any |
Any |
Any |
545.22 |
Metric tonne |
US dollar |
|
2 |
5402 |
Partially Oriented Yarn |
Any |
Any |
People’s Republic of
China |
Any |
Any |
545.22 |
Metric tonne |
US dollar |
2. The anti-dumping
duty imposed shall be levied 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 payable in Indian currency.
3. Notwithstanding anything contained in
paragraph 2, this notification, unless revoked earlier, shall remain in force
up to and inclusive of the 01st May, 2018. [Inserted by 16-ADD/09.05.2017]
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
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.354/100/2006-TRU (Pt.I)]