Anti-dumping Duty on Flax Fabric from China and Hong Kong
Slashed to 75 cents per Metre in Review Findings
Only Fabric with >50% Flax Covered
[Customs Notification No. 39 (ADD)
dated 12th August 2015]
Whereas, the designated authority, vide notification
No. 15/30/2013-DGAD, dated the 10th March, 2014, 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 Flax or Linen Fabric having
flax content of more than 50% (hereinafter referred to as the subject goods)
falling under 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 the People’s Republic of China 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. 142/2009-CUSTOMS, dated the 21st December, 2009, published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number
G.S.R. 915(E), dated the 21st December, 2009;
And whereas, the Central Government had extended the
anti-dumping duty on the subject goods, originating in or exported from the
subject countries upto and inclusive of the 25th
March, 2015, vide notification of the Government of India, in the
Ministry of Finance (Department of Revenue) No. 17/2014-Customs (ADD), dated
the 9th May, 2014, published in Part II, Section 3, Sub-section (i) of the
Gazette of India, Extraordinary, vide number G.S.R 330(E), dated the 9th
May, 2014;
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. 15/30/2013-DGAD, dated the 9th June, 2015, in the Gazette of India,
Extraordinary, Part I, Section 1, has come to the conclusion that-
(i) subject goods are
exported from the subject countries at prices below their normal value, thus
resulting in dumping;
(ii) dumping margin and
injury margin are positive in respect of imports of the subject goods from the
subject countries;
(iii) subject goods
exported from the subject countries are likely to cause injury to the domestic
industry in the event of cessation of anti dumping
duty,
and has recommended
imposition of the 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, 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 heading of the First Schedule to the Customs Tariff Act as
specified in the corresponding entry in column (2), originating in the
countries as specified in the corresponding entry in column (4), exported from
the countries as specified in the corresponding entry in column (5), produced by
the producers as specified in the corresponding entry in column (6), 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 |
|||||||||
|
SNo. |
Heading |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1. |
5309 |
Flax or Linen Fabric having flax content of more than
50% |
People’s Republic of China |
Any |
Any |
Any |
0.75 |
Per metre |
US Dollar |
|
2. |
5309 |
Flax or Linen Fabric having flax content of more than
50% |
Any country other than Hong Kong and country attracting
anti-dumping duty |
People’s Republic of China |
Any |
Any |
0.75 |
Per metre |
US Dollar |
|
3. |
5309 |
Flax or Linen Fabric having flax content of more than
50% |
Hong Kong |
Any |
Any |
Any |
0.63 |
Per metre |
US Dollar |
|
4. |
5309 |
Flax or Linen Fabric having flax content of more than
50% |
Any country other than People’s Republic of China and
country attracting anti-dumping duty |
Hong Kong |
Any |
Any |
0.63 |
Per metre |
US Dollar |
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.-I)]