Nylon Filament yarn from China and Others – Final Findings

Ntfn 85         Whereas in the matter of import of
29.08.2006   nylon filament yarn of specification
                     ‘synthetic filament yarn including synthetic monofilament of less than 67 decitex, of nylon or other polyamides falling under chapter 54 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), excluding all high tenacity yarn of nylon including fishnet yarn of nylon’ (hereinafter referred to as the subject goods), originating in or exported from People’s Republic of China, Chinese Taipei, Malaysia, Indonesia, Thailand and People’s Republic of Korea (hereinafter referred to as the subject countries), the Designated Authority in its preliminary findings vide notification No. 14/5/2005-DGAD, dated the 3rd February 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd February 2006, had come to the conclusion that –

(i)    the subject goods have been exported to India from the subject countries below their normal value;

(ii)   the domestic industry has suffered material injury;

(iii)  the injury has been caused cumulatively by the dumped imports from subject countries.

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification No. 30/2006-Customs, dated the 29th March 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 29th March 2006 vide No. G.S.R. 182 (E), dated the 29th March 2006;

And whereas, the designated authority, vide its final findings notification No. 14/5/2005-DGAD dated the 3rd July 2006, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 3rd July 2006, has come to the conclusion that-

(i)    The subject goods have been exported to India from the subject countries below their normal value;

(ii)   The domestic industry has suffered material injury;

(iii)  No injury has been caused in respect of imports of Nylon flame retardant yarn, Nylon air texturised yarn, Nylon 66 and Nylon 11 yarn, Nylon 170/24 and 280/14 denier yarn used for hook and loop tape fasteners, nylon 6 monofilament , UV treated yarn wherever their landed value is higher than Rs.172 per kg.

(iv)  The injury has been caused cumulatively by the dumped imports from subject countries.

and has recommended to impose definitive anti dumping duties on all imports of the subject goods, originating in or exported from the subject countries;

Now, therefore, in exercise of the powers conferred by sub-section (1) and sub-section (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 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) of the said Table, 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 equal to 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.

Table

S No.

Chapter

Description of goods

Specification

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

54

Nylon Filament yarn

Synthetic filament yarn including synthetic monofilament of less than 67 decitex, of nylon or other polyamides, excluding all high tenacity yarn of nylon including fishnet yarn of nylon

Any

People’s Republic of China

Jinan Juda

Jinan Juda

63

Kilogram

Indian Rupees

2

54

Nylon Filament Yarn

-do-

Any

People’s Republic of China

Any except Jinan Juda

Any except Jinan Juda

63

Kilogram

Indian Rupees

3

54

Nylon Filament Yarn

-do-

Any

Chinese Taipei

Suntex Fibre Co. Ltd.

Suntex Fibre Co. Ltd.

8.99

Kilogram

Indian Rupees

4

54

Nylon Filament Yarn

-do-

Any

Chinese Taipei

Lipeng Enterprises

Lipeng Enterprises

34.41

Kilogram

Indian Rupees

5

54

Nylon Filament Yarn

-do-

Any

Chinese Taipei

Any except Suntex Fibre & Lipeng Enterprises

Any except Suntex Fibre & Lipeng Enterprises.

41.43

Kilogram

Indian Rupees

6

54

Nylon Filament Yarn

-do-

Any

Indonesia

Any

Any

77.93

Kilogram

Indian Rupees

7

54

Nylon Filament Yarn

-do-

Any

Malaysia

Hualon Corporation

Hualon Corporation

4.24

Kilogram

Indian Rupees

8

54

Nylon Filament Yarn

-do-

Any

Malaysia

Any except Hualon

Any except Hualon

34.80

Kilogram

Indian Rupees

9

54

Nylon Filament Yarn

-do-

Any

Thailand

Asia Fibre Public Company Ltd.

Asia Fibre Public Company Ltd.

25.77

Kilogram

Indian Rupees

10

54

Nylon Filament Yarn

-do-

Any

Thailand

Thai Taffeta

Thai Taffeta

22.40

Kilogram

Indian Rupees

11

54

Nylon Filament Yarn

-do-

Any

Thailand

Any except Asia Fibre Public Co. Ltd. and Thai Taffeta

Any except Asia Fibre Public Co. Ltd. and Thai Taffeta

32.03

Kilogram

Indian Rupees

12

54

Nylon Filament Yarn

-do-

Any

Korea RP

Taekwang Industrial Co. Ltd.

Taekwang Industrial Co. Ltd.

23.74

Kilogram

Indian Rupees

13

54

Nylon Filament Yarn

-do-

Any

Korea RP

Hyosung Corporation

Hyosung Corporation

44.96

Kilogram

Indian Rupees

14

54

Nylon Filament Yarn

-do-

Any

Korea RP

Any except Taekwang Industrial Co Ltd. & Hyosung Corporation

Any except Taekwang Industrial Co Ltd. & Hyosung Corporation

51.94

Kilogram

Indian Rupees

15

54

Nylon Filament

-do- Yarn

China PR, Chinese Taipei, Malaysia, Indonesia, Thailand, Korea RP

Any except China PR, Chinese Taipei, Malaysia, Indonesia, Thailand, Korea RP

Any

Any

77.93

Kilogram

Indian Rupees

Provided that no antidumping duty shall be payable if the landed value of Nylon flame retardant yarn, Nylon air texturised yarn, Nylon 66 and Nylon 11 yarn, Nylon 170/24 and 280/14 denier yarn used for hook and loop tape fasteners, nylon 6 monofilament and UV treated yarn, is higher than Rs.172 per kg.

2. The anti-dumping duty imposed under this notification shall be levied with effect from the dated of imposition of the provisional anti-dumping duty i.e., 29th March 2006, and shall be payable in Indian currency.