Anti-dumping Duty on Flax Fabric from China
(US$2.36/meter) and Hong Kong (US$1.14/meter) Notified for Five Years
·
Current Notification Supersedes previous Notification
39/2015-Customs (ADD) dated 12 Aug 2015
[Notification No. 35/2020 -Customs (ADD) dated 10 November 2020]
G.S.R. (E). – Whereas, the designated authority, vide notification
No.
7/26/2019-DGTR dated
the 23rd December, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of
“Woven Fabric (having
more
than 50% Flax content)” commonly known as
“Flax Fabric” (hereinafter
referred to
as the subject goods) falling under tariff heading 5309 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975) (hereinafter referred to as the Customs
Tariff Act),
originating in or exported from China PR and Hong Kong (hereinafter referred
to as the subject countries), imposed vide
notification of the Government of India,
in the Ministry of Finance (Department
of Revenue) No. 39/2015-Customs (ADD), dated the 12th
August, 2015, published in the Gazette
of India,
Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 624(E), dated the 12th August, 2015;
And whereas, in the matter of review
of anti-dumping duty on import of the subject goods, originating
in or exported from the subject countries, the designated authority in its final findings, published vide notification No. 7/26/2019-DGTR, dated the 17th August, 2020, in the Gazette of India Extraordinary, Part I, Section
1, has come to the conclusion that-
(i) the subject goods exported from the subject countries are at prices below their normal value, thus resulting in dumping.
(ii) imports
are
undercutting the prices of the
domestic industry in the market.
(iii) dumping margin and injury margin are positive in respect of imports of the product under
consideration from
the
subject countries.
(iv)in event of cessation of anti-dumping
duty undercutting may continue as the
producers/exporters in the subject countries are holding significant capacities and the imports which are dumped and injurious
despite existence of AD measure, are likely to increase in the event of cessation of anti-dumping duty. Performance of the domestic industry is therefore
likely to
deteriorate in the event of cessation of anti-dumping duty
and
has recommended imposition of anti-dumping duty
on the subject goods, originating
in or exported from the subject countries;
Now,
therefore, in exercise of the
powers conferred
by
sub-sections
(1) and (5) of section
9A of the Customs Tariff Act, read with 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, and in supersession of the notification of the Government of India, in the Ministry
of Finance (Department of Revenue) No. 39/2015-Customs (ADD), dated the 12th
August, 2015, published in
the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 624(E),
dated the 12th August, 2015, the Central Government, after considering 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 tariff item of the First Schedule to the
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), exported from the country as specified in the
corresponding entry in column (5), produced by the producers as
specified in the corresponding
entry in column (6) and exported by the exporters as specified in the corresponding entry in column (7) and imported
into India, an anti-dumping duty
at
the rate equal to the amount as specified in
the corresponding entry in column (8), in the currency as specified in the corresponding entry
in column (10) and as per unit of measurement as specified in the corresponding entry in column (9)
of the said Table, namely:-
Table
|
S. N |
Tariff
Item |
Description
of Goods |
Country of
Origin |
Country of Export |
Produce
r |
Exporter |
Amount |
Unit
of Measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1 |
5309 |
Flax
or Linen fabric
having flax content
of more than 50%" |
China
PR |
Any |
Any |
Any |
2.36 |
Per
meter |
US$ |
|
2 |
5309 |
Flax
or Linen fabric
having flax content
of more than 50%" |
Any other than Hong
Kong and country attracting
Anti- Dumping duty |
China
PR |
Any |
Any |
2.36 |
Per
meter |
US$ |
|
3 |
5309 |
Flax
or Linen fabric
having flax content
of more than 50%" |
Hong Kong |
Any |
Any |
Any |
1.14 |
Per
meter |
US$ |
|
4 |
5309 |
Flax
or Linen fabric
having flax content
of more than 50%" |
Any other than China and country attracting Anti-
Dumping duty |
Hong
Kong |
Any |
Any |
1.14 |
Per
meter |
US$ |
2.
The anti-dumping duty imposed under this notification shall be effective 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 paid
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.354/62/2009-TRU (Pt. II)]