Another Five Years for Anti-dumping Duty on FD Polyester Yarn from China, Thailand and Vietnam – See Ntfn 51-ADD/21.10.2015 for Details

Ntfn 124 Whereas, in the matter of import of All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat
11.11.2009 Yarn of Polyester (non-textured and non-POY) (hereinafter referred to as the subject goods),
(DoR) falling under sub-heading 5402 47 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975) (hereinafter referred to as the said Customs Tariff Act), originating in, or exported from, the People’s Republic of China, Thailand and Vietnam (hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No.14/3/2008-DGAD dated the 23^rd January, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27^th January, 2009, had come to the conclusion that-

(a) the subject goods had been exported to India from the subject countries below their normal value;

(b) the domestic industry had suffered material injury; and

(c) the injury had been caused by the dumped imports from the subject countries;

and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from, the subject countries;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 29/2009-Customs, dated 26^th March, 2009, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.201 (E), dated the 26^th March, 2009;

And whereas, the designated authority in its final findings vide notification No. 14/3/2008-DGAD dated the 29th September, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5^th October, 2009, had come to the conclusion that-

(a) The subject goods had been exported to India from the subject countries below their normal value;

(b) The domestic industry had suffered material injury;

(c) The injury had been caused by the dumped imports from subject countries.

and had recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported, from the subject countries;

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 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 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 subheading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4), originating in the country as specified in the corresponding entry in column (5), when exported from the country as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount indicated 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.	Sub heading	Description of Goods	Specifi-cation	Country of origin	Country of Export	Producer	Exporter	Duty Amount	Unit of Measure-ment	Currency
1	2	3	4	5	6	7	8	9	10	11
1	5402 47	All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non –POY)	Any	China PR	China PR	TONGKUN GROUP CO.LTD.	TONGKUN GROUP CO.LTD.	240	Metric tonne	US Dollar
2	5402 47	-do-	Any	China PR	China PR	TONGKUN GROUP HENGSHENG CHEMICAL FIBRE CO.LTD	TONGKUN GROUP HENGSHENG CHEMICAL FIBRE CO.LTD	247	Metric tonne	US Dollar
3	5402 47	-do-	Any	China PR	China PR	JIANGSU HENGLI CHEMICALS FIBRE CO.LTD	JIANGSU HENGLI CHEMICALS FIBRE CO.LTD	256	Metric tonne	US Dollar
4	5402 47	-do-	Any	China PR	China PR	Any other than combination at Serial number 1 to 3 above		547	Metric tonne	US Dollar
5	5402 47	-do-	Any	China PR	Any other than China PR	Any	Any	547	Metric tonne	US Dollar
6	5402 47	-do-	Any	Any country other than countries attracting anti dumping duties	China PR	Any	Any	547	Metric tonne	US Dollar
7	5402 47	-do-	Any	Vietnam	Vietnam	Any	Any	350	Metric tonne	US Dollar
8	5402 47	-do-	Any	Vietnam	Any other than Vietnam	Any	Any	350	Metric tonne	US Dollar
9	5402 47	-do-	Any	Any country other than countries attracting anti dumping duties	Vietnam	Any	Any	350	Metric tonne	US Dollar
10	5402 47	-do-	Any	Thailand	Thailand	Indorama Polyester Industries Public Company Limited (formerly Indo Poly (Thailand) Ltd.)	Indorama Polyester Industries Public Company Limited (formerly Indo Poly (Thailand) Ltd.)	80	Metric tonne	US Dollar
11	5402 47	-do-	Any	Thailand	Thailand	Any other than combination at Serial number 10 above		490	Metric tonne	US Dollar
12	5402 47	-do-	Any	Thailand	Any other than Thailand	Any	Any	490	Metric tonne	US Dollar
13	5402 47	-do-	Any	Any country other than countries attracting anti dumping duties	Thailand	Any	Any	490	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 imposition of the provisional anti-dumping duty, that is, 26th March, 2009 and shall be payable in Indian currency.

3. Notwithstanding anything contained in paragraph 2, the anti-dumping duty specified against serial numbers 1 to 6 and 10 to 13 in the TABLE above shall be levied up to and inclusive of the 25^th day of March, 2015, unless revoked earlier and shall be payable in Indian currency. [Paragraph 3 inserted by 18-ADD/09.05.2014].

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]