Fully Drawn Yarn from Taiwan, Korea, Indonesia and Malaysia– Final Findings

Ntfn 15 Whereas, in the matter of import of
20.02.2007 fully drawn yarn or fully oriented
yarn or spin drawn yarn or flat yarn of polyester (non-textured and non- POY) and other yarns (hereinafter referred to as the subject goods) falling under tariff items 5402 44 00 or 5402 47 00 (since substituted for the erstwhile tariff item 5402 43 00) of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported, from Indonesia, Republic of Korea, Malaysia and Chinese Taipei (hereinafter referred to as the subject countries), the designated authority in its preliminary findings vide notification No. 14/3/2005-DGAD, dated the 3^rd July, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3^rd July ,2006, had come to the conclusion that –

(i) the subject goods originating in or exported, from subject countries have been exported to India below their normal values;

(ii) the domestic industry has suffered material injury;

(iii) the injury has been caused to the domestic industry by dumped imports of subject goods originating in, or exported, from the subject countries;

and had recommended imposition of provisional anti-dumping duty on imports of the subject goods of all grades, 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.82/2006–Customs, dated the 21^st August, 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 21^st August, 2006 vide G.S.R. No. 495(E), dated the 21^st August, 2006;

And whereas the designated authority in its final findings vide notification No.14/3/2005 -DGAD, dated the 26^th December, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27^th December, 2006, read with amendment No.14/3/2005-DGAD, dated 24^th January, 2007, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 24^th January, 2007, has extended the scope of subject goods to include Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester falling under tariff item 5402 44 00 or 5402 46 00 of the First Schedule of the said Customs Tariff Act, has come to the conclusion that –

(i) subject goods originating in, or exported from, subject countries have been exported to India below their normal value;

(ii) the domestic industry has suffered material injury;

(iii) the injury has been caused to the domestic industry by dumped imports of subject goods originating in, or exported from, the subject countries;

And whereas, M/s H.K. Corporation, Republic of Korea, have furnished the price undertaking under rule 15 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, so as not to export subject goods below such price and the designated authority has accepted the price undertaking for specified product specifications as per the terms and conditions set out in the said undertaking;

[Omitted by 68/15.05.2008]

And whereas the designated authority has recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported from, the subject countries, in order to remove the injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A 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 goods, the description of which is specified in column (3) of the Table I below, falling under tariff item 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), and produced by the producers as specified in the corresponding entry in column (7), when exported from the country as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty equal to the amount as specified 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 I.

Table I

S No.	Tariff headings	Description of goods	Specifi-cation	Country of origin	Country of export	Producer	Exporter	Amount	Unit of measure-ment	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Indonesia	Any	M/s P.T. Mutu Gading Tekstil, Indonesia	M/s P.T. Mutu Gading Tekstil, Indonesia	Nil	MT	US$
2.	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat yarn of Polyester	Any	Indonesia	Any	M/s P.T. Mutu Gading Tekstil, Indonesia	Any other than above	490	MT	US$
3.	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Indonesia	Any	Any other than above	Any	490	MT	US$
4.	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Any other than Subject Countries	Indonesia	Any	Any	490	MT	US$
5.	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester [Omitted by 111/ 22.10.2008]	Any	Republic of Korea	Any	M/s H.K. Corporation, Korea	Any other than above	588	MT	US$
6.	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Republic of Korea	Any	M/s Hyosung Corporation, Korea	M/s Hyosung Corporation Korea,	64	MT	US$
7.	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Republic of Korea	Any	M/s Hyosung Corporation, Korea	Any other than above	588	MT	US$
8.	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Republic of Korea	Any	M/s Saehan Industries Inc, Korea	M/s Saehan Industries Inc, Korea	Nil	MT	US$
9.	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Republic of Korea	Any	M/s Saehan Industries Inc, Korea	Any other than above	588	MT	US$
10.	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Republic of Korea	Any	M/s Huvis Corporation, Korea	M/s Huvis Corporation, Korea	Nil	MT	US$
11	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Republic of Korea	Any	M/s Huvis Corporation, Korea	Any other than above	588	MT	US$
12	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Republic of Korea	Any	Any other than the Korean producers named above	Any	588	MT	US$
13	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Any other than Subject Countries	Republic of Korea	Any	Any	588	MT	US$
14	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Malaysia	Any	M/s Hyalon Corporation.	M/s Hyalon Corporation.	163	MT	US$
15	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Malaysia	Any	M/s Hyalon Corporation.	Any other than above	456	MT	US$
16	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Malaysia	Any	Any other than above	Any	456	MT	US$
17	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Any other than Subject Countries	Malaysia	Any	Any	456	MT	US$
18	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Chinese Taipei	Any	M/s Nan Ya Plastics Corporation	M/s Nan Ya Plastics Corporation	40	MT	US$
19	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Chinese Taipei	Any	M/s Nan Ya Plastics Corporation	Any other than above	390	MT	US$
20	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Chinese Taipei	Any	Any other than above	Any	390	MT	US$
21	5402 44 00, 5404 46 00 or 5402 47 00	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester	Any	Any other than Subject Countries	Chinese Taipei	Any	Any	390	MT	US$

Provided that no anti-dumping duty shall be imposed on subject goods produced and exported by M/s H.K. Corporation, Republic of Korea, the product specification of which is specified in column (2) of Table II below, when imported into India, if the free on board (FOB) Korea price of such imported goods is equal to or higher than the price specified in the corresponding entry in column (3) of the said Table II:

Table II
SNo	Product specification.	Price (in US$ per kg).
(1)	(2)	(3)
1	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester 75/36 SBR	1.40
2	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester 75/36 SD	1.46
3	Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester 75/72 SD	1.46

Provided further that if M/s H.K. Corporation, Republic of Korea, export goods other than those specified in Table II, such products shall attract the applicable anti-dumping duty as specified in Table I.

[Omitted by 68/15.05.2008]

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 21^st August, 2006, and shall be paid in Indian currency.

3. The anti-dumping duty imposed under this notification on imports of fully drawn yarn or fully printed yarn or fully oriented yarn or spin drawn yarn or flat yarn of polyester and other yarns falling under Chapter 52 of the First Schedule to the said Customs Tariff Act, produced and exported by M/s H.K. Corporation, Republic of Korea and imported into India, shall be levied with effect from the 15th November, 2007. [Inserted by 111/22.10.2008]

Explanation. - For the purposes of this notification, “rate of exchange” applicable for the purposes of calculation of 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 under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for 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.