Ntfn 45 Whereas
in the matter of import of
24.05.2006 viscose rayon filament yarn upto
150 deniers including monofilament yarn of less than 67 decitex falling under chapter heading 5403 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the subject goods), originating in or exported from the People’s Republic of China (hereinafter referred to as China P.R.) and Ukraine, the Designated Authority in its final findings vide notification No. 14/23/2004-DGAD, dated the 4th April 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4th April 2006, has come to the conclusion that –
(i) The subject goods have been exported to India from China P.R. below its normal value;
(ii) The domestic industry has suffered material injury and is facing threat of material injury;
(iii) The injury has been caused by the dumped imports from China P.R.;
(iv) The anti-dumping investigations are terminated with regards to Ukraine, as imports from that country have been found to be negligible;
and has recommended imposition of definitive anti-dumping duty, on all imports of the subject goods originating in or exported from China P.R.:
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act, read with 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 findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries specified in the corresponding entry in column (5), and exported from the countries specified in the corresponding entry in column (6) and produced by the producers specified in the corresponding entry in column (7) and exported by the exporters specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty which shall be equivalent to the difference between the amount 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, and the landed value of such imported goods in like currency per like unit of measurement.
Explanation. - For the purposes of this notification, -
(i) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(ii) “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 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.