Anti-dumping Duty on Fully Drawn
Polyester Yarn from China and Thailand to Continue for Another
Five Years
· Vietnam Out of Net
[Customs Notification No. 51 (ADD) dated 21st October
2015]
Whereas, the designated authority, vide notification No. 15/3/2014-DGAD,
dated the 24th 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 All Fully Drawn or Fully Oriented Yarn/Spin
Draw Yarn/Flat Yarn of Polyester (non-textured and non – 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) (hereinafter referred to as the Customs Tariff
Act), originating in or exported from the People’s Republic of China and
Thailand (hereinafter referred to as the subject countries), imposed vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 124/2009-Customs, dated the 11th November, 2009, published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i), vide
number G.S.R. 809(E), dated the 11th November, 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. 18/2014-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 331(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. 15/3/2014-DGAD, dated the 22nd September, 2015, in the Gazette of India,
Extraordinary, Part I, Section 1, has come to the conclusion that dumping and
consequent injury to the domestic industry is likely to continue or reoccur in
the event of cessation of anti dumping duty on
imports of subject goods from the subject countries 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 |
|||||||||
|
S.No. |
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. |
5402 |
All Fully Drawn or Fully Oriented
Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non POY) |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
547 |
MT |
US Dollar |
|
2. |
5402 |
All Fully Drawn or Fully Oriented
Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non POY) |
People’s Republic of China |
Any country other than People’s
Republic of China |
Any |
Any |
547 |
MT |
US dollar |
|
3. |
5402 |
All Fully Drawn or Fully Oriented
Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non POY) |
Any country other than People’s
Republic of China |
People’s Republic of China |
Any |
Any |
547 |
MT |
US Dollar |
|
4. |
5402 |
All Fully Drawn or Fully Oriented
Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non POY) |
People’s Republic of China |
People’s Republic of China |
Jiangsu Hengli
Chemical Fibre Co. Ltd |
Jiangsu Hengli
Chemical Fibre Co. Ltd |
256 |
MT |
US Dollar |
|
5. |
5402 |
All Fully Drawn or Fully Oriented
Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non POY) |
Thailand |
Thailand |
Indorama Polyester Industries Public
Company Limited (formerly Indo Poly (Thailand) Ltd.) |
Indorama Polyester Industries Public
Company Limited (formerly Indo Poly (Thailand) Ltd.) |
57.78 |
MT |
US Dollar |
|
6. |
5402 |
All Fully Drawn or Fully Oriented
Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non POY) |
Thailand |
Thailand |
Any combination other than mentioned
at S. No. 4 above |
248.63 |
MT |
US Dollar |
|
|
7. |
5402 |
All Fully Drawn or Fully Oriented
Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non POY) |
Thailand |
Thailand |
Any |
Any |
248.63 |
MT |
US dollar |
|
8. |
5402 |
All Fully Drawn or Fully Oriented
Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non POY) |
Thailand |
Any country other than Thailand |
Any |
Any |
248.63 |
MT |
US Dollar |
|
9. |
5402 |
All Fully Drawn or Fully Oriented
Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non POY) |
Any country other than Thailand |
Thailand |
Any |
Any |
248.63 |
MT |
US Dollar |
1.
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. 354/29/2009-TRU (Pt.-I)]