POY from China – Final Findings

Ntfn 92         Whereas in the matter of import of
03.08.2007   partially oriented yarn generally
                     known as POY (hereinafter referred to as the subject goods) classified under erstwhile tariff item 5402 42 00, of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from the People’s Republic of China, (hereinafter referred to as the subject country), the designated authority, in its preliminary findings vide notification No. 14/10/2005-DGAD, dated the 4th July 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4th July 2006, had come to the conclusion that–

(a) the subject goods originating in or exported from subject country have been exported to India below their normal values;

(b) the domestic industry has suffered material injury;

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

(d) the Authority considers it necessary to recommend provisional antidumping duty on imports of subject goods originating in or exported from the subject country;

and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from, the subject country;

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.77/2006–Customs, dated the 2nd August, 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 2nd August, 2006 [vide number G.S.R. No. 458(E), dated the 2nd August, 2006];

And whereas, the designated authority in its final findings vide notification No.14/10/2005 -DGAD, dated the 8th June, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th June, 2007, has come to the conclusion that-

(a) subject goods originating in or exported from the subject country have been exported to India below their normal values;

(b) the domestic industry has suffered material injury;

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

and has recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported from, the subject country;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), 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 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, 1975, 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

SNo.

Heading

Description of goods

Specifica-tion

Country of origin

Country of Export

Producer

Exporter

Amount

Unit of Measurement

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1

5402

Partially Oriented Yarn

Any

People’s Republic of China

Any

Any

Any

545.22

Metric tonne

US$

2

5402

Partially Oriented Yarn

Any

Any

People’s Republic of China

Any

Any

545.22

Metric tonne

US$

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, that is, the 2nd August, 2006, and shall be paid in Indian currency.

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.