Acrylic Fibre Duty Now only for Imports from Japan in Review Finding

Ntfn 114       Whereas, the designated authority,
21.12.2004   in the matter of import of acrylic fibre,
                     ranging from 1.5 denier to 8.0 denier and falling under Chapter 55 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, Japan, Spain, Portugal or Italy, vide notification No. 15/4/2003-DGAD, dated the 3rd September, 2003, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 4th September, 2003, has initiated review in the matter of continuation of anti-dumping duty on the subject goods imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 8/99-Customs, dated the 22nd January, 1999;  

And whereas the Central Government has extended the antidumping duty on the subject goods vide Notification No. 158/2003-Customs dated the 22nd October 2003 [G.S.R.834 (E), dated the 22nd October 2003] upto and inclusive of 16th November 2004;

And whereas the designated authority vide its review findings vide notification No. 15/4/2003-DGAD, dated the 10th November, 2004 published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 10th November 2004, has concluded that-

(i) the dumping margins of the subject goods imported from Spain, Italy and Japan are substantial and above de minimus;

(ii) there is no likelihood of dumping to continue or recur from Italy, Portugal and Spain if the duties are revoked. However, there is a likelihood of dumping to continue or recur from Japan if the duties are revoked;

(iii) though the domestic industry suffers marginal material injury at present the cause of the current injury is overwhelmingly the dumped imports from other sources not attracting duty at present;

(iv) injury to domestic industry is not likely to continue or recur if the duties are revoked in respect of imports from Spain, Portugal and Italy. However, injury to the domestic industry is likely to continue or recur if the duties are revoked in respect of imports from Japan;

and has recommended revocation of anti-dumping duty in respect of imports of subject goods from Spain, Portugal and Italy, and has recommended continuation of the anti-dumping duty, at the rate specified in respect of imports of subject goods from Japan, in order to remove the injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18 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 review 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 tariff items 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 as specified in the corresponding entry in column (5), and exported from the countries as specified in the corresponding entry in column (6), and produced by the producers as specified in the corresponding entry in column (7), and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty which shall be equivalent to difference between the amount mentioned in the corresponding entry in column (9) in the currency as specified in the corresponding entry in column (11) and as 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.

2. The anti-dumping duty imposed under this notification shall be payable in Indian currency.

Explanation.- For the purposes of this notification, -

 (a) “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; and

 (b) rate of exchange applicable for the purposes of calculation of such 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 conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 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.

Table

S No.

Tariff item

Description of Goods

Specification

Country of origin

Country of Export

Producer

Exporter

Amount

Unit

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1.

55013000, 55033000

Acrylic fibre, both in shrinkable and non-shrinkable form, covering tow, top and staple fibres

ranging from 1.5 Denier to 8 Denier

Japan

Any

Any

Any

1681

MT

US Dollar

2

55013000, 55033000

Acrylic fibre, both in shrinkable and non-shrinkable form, covering tow, top and staple fibres

ranging from 1.5 Denier to 8 Denier

Any

Japan

Any

Any

1681

MT

US Dollar