Nylon
Tyre Cord Fabric (NTCF) Discontinuation of Duty
Ntfn 70 WHEREAS, in the matter of import of
30.04.2003 Nylon Tyre Cord Fabric (NTCF)
falling
under sub-heading
5902 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
(herein after referred to as the subject goods), originating in or exported
from South Korea, Indonesia, Thailand and Taiwan (herein after referred to as
the subject countries), the designated authority, vide notification No.
31/1/98-DGAD, dated the 22nd February, 2000, published in Part I, Section 1 of
the Gazette of India, Extraordinary, dated the 22nd February, 2000, had in its
final findings concluded that-
(a) Nylon Tyre
Cord Fabric (NTCF) originating in, or exported from, subject countries had been
exported to India below its normal value, resulting in dumping;
(b) the domestic industry had suffered material injury;
(c) the injury had been caused to the domestic industry by the
dumping of the subject goods originating in or exported from subject countries.
AND WHEREAS, on the basis of the aforesaid findings of
the designated authority, the Central Government has imposed anti-dumping duty
vide notification of the Government of India in the erstwhile Ministry of
Finance (Department of Revenue), No. 32/2000-Customs, dated the 28th March,
2000 [G.S.R. 263 (E), dated the 28th March], published in Part II, Section 3,
Sub-section (i) of the Gazette of India,
Extraordinary, dated the 28th March, 2000;
AND WHEREAS, the Central Government, on the basis of
the final order No. 37-40/2000-AD, dated the 6th November, 2000 of the Customs,
Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal Nos.
C/194/2000-AD with C/Misc/288/2000-AD, C/195/2000-AD, C/233/2000-AD and
C/234/2000-AD, has revised the duties imposed under the said notification No.
32/2000-Customs vide notification of the Government of India in the erstwhile
Ministry of Finance (Department of Revenue), No. 157/2000-Customs, dated the
27th December, 2000 [G.S.R. 938(E), dated the 27th December], published in Part
II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary, dated the 27th December, 2000;
AND WHEREAS, on the basis of a request by the domestic
industry for review in terms of rule 23 of the Customs Tariff (Identification,
Assessment and Collection of Anti-dumping duty on Dumped Articles and for
Determination of Injury) Rules, 1995, the Designated Authority initiated
investigations to review the need for continued imposition of anti-dumping duty
on all imports of the subject goods from the subject countries;
AND WHEREAS, the designated authority in its final
findings on the review vide notification No. 57/1/2001-DGAD, dated the 20th
March, 2003, published in Part I, Section 1 of the Gazette of India,
Extraordinary, dated the 20th March, 2003, has recommended for discontinuance
of the anti-dumping duties recommended earlier vide final findings No.
31/1/1998-ADD dated 22/2/2000 and imposed on all imports of the subject goods,
originating in or exported from the subject countries.
NOW THEREFORE, in
exercise of the powers conferred by section 9A of the said Customs Tariff Act
read with rules 18, 20 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 in review of the designated authority, hereby rescinds the
notification of the Government of India in the erstwhile Ministry of Finance
(Department of Revenue), Nos.32/2000-Customs, dated the 28th
March, 2000 and 157/2000-Customs, dated the 27th December, 2000, except as
respect things done or omitted to be done before such rescission.