Chinese Circular Weaving Machines for Sacks and Bags – Final Findings

Ntfn 10            Whereas the designated authority
16.02.2011       in its preliminary findings vide notification
(DoR)              number 14/25/2008-DGAD, dated the 16th
                       February, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th February, 2010, had come to the conclusion that various parameters relating to domestic industry collectively and cumulatively established that the domestic industry had suffered material injury in case of imports of Circular Weaving Machines having six or more shuttles for weaving PP/HDPE Fabrics of a width exceeding 30 cms., originating in or exported from China PR (hereinafter referred to as the subject country) falling under heading 8426 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), and had recommended imposition of provisional anti-dumping duty on the imports of the said equipment, originating in or exported from, China PR;

And whereas, on the basis of the aforesaid preliminary findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the ‘Circular Weaving Machines having six or more shuttles for weaving PP/HDPE Fabrics of a width exceeding 30 cms, originated in or exported, from China PR vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 49/2010-Customs, dated 12th April, 2010 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 314(E), dated the 12th April, 2010;

And whereas, the designated authority in its final findings vide notification number 14/25/2008-DGAD dated 16th November 2010 published in the Gazette of India, Extraordinary, Part I, Section I, dated the 16th November, 2010, has come to the conclusion that-

(a) The subject goods have entered the Indian market from the subject country at prices less than their normal value in the domestic market of the exporting country;

(b) The dumping margins of the subject goods imported from the subject country are above the de minimis;

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 sub- heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4), and produced by the producers as specified in the corresponding entry in column (5), when exported from the country as specified in the corresponding entry in column (4), by the exporters as specified in the corresponding entry in column (6), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (7), of the said

Table
SNo.	Tariff Head	Description of Goods	Country of Origin / Country of Export	Producer	Exporter	Amount of Duty (US$/machine)
(1)	(2)	(3)	(4)	(5)	(6)	(7)
1	8446.21 8446.21.90 8446.29 8446.29.90	Circular Weaving Machines having six or more shuttles for weaving PP/HDPE Fabrics of width exceeding 30 cms.	China PR	Starlinger Plastic Machinery Company (Taicang), China	Starlinger & Co. Gesellschaft m.b.H, Austria	Nil
2	8446.21 8446.21.90 8446.29 8446.29 90	Circular Weaving Machines having six or more shuttles for weaving PP/HDPE Fabrics of width exceeding 30 cms.	China PR	Any other combination of producer and exporter		1193.00

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, the 12th April, 2010 for the imports of the subject goods originating in or exported from, China PR and Austria and the anti-dumping duty imposed shall be payable in Indian currency.

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.354/31/2010 –TRU]