Anti-dumping Duty on High Tenacity Polyester Yarn from China – Changes in Exporter Name

·    “Hyosung Corporation, Korea” to “Hyosung Advance Materials Corporation (HAMC)”

·    “Zhejiang Guxiandao Industrial Fibre Co., Ltd.” to “Zhejiang Guxiandao Polyester Dope Dyed Yarn Co., Ltd”

[Notification No. 10/2019-Customs (ADD) dated 12 February 2019]

Whereas, in the matter of ‘High Tenacity Polyester Yarn(HTPY)’ (hereinafter referred to as the subject goods) falling under tariff item 5402 20 90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in, or exported from China PR(hereinafter referred to as subject country), and imported into India, the Designated Authority in its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 6/12/2017-DGAD, dated the 24th May, 2018 had come to the conclusion that –

(i)    the subject goods have been exported to India from the subject country below its normal value, resulting in dumping;

(ii)   the domestic industry had suffered material injury due to dumping of the product under consideration from the subject country;

(iii)   the material injury had been caused by the dumped imports of the subject goods from subject country,

and had recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from the subject country and imported into India, in order to remove injury to the domestic industry;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed the anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 35/2018-Customs (ADD), dated the 9th July, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 620(E), dated the 9th July, 2018;

And whereas, the following requests were received by the Designated Authority for change in name of exporters in its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 6/12/2017-DGAD, dated the 24th May, 2018:-

(i)    “Hyosung Corporation, Korea” requested for change in name of the exporter company be amended to “Hyosung Advance Materials Corporation (HAMC)” as Hyosung Corporation had undergone a change in its corporate structure w.e.f. 1st June, 2018;

(ii)   “Zhejiang Guxiandao Industrial Fibre Co., Ltd.” requested for change in name of the exporter company be amended to “Zhejiang Guxiandao Polyester Dope Dyed Yarn Co., Ltd” due to the internal reorganisation in June, 2017;

And whereas, the designated authority, vide amendment notification No. 6/12/2017-DGAD (Pt.).1, dated the 7th January, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th January, 2019 has come to the conclusion that-

(i)      in the case of Hyosung Corporation, the need for change in name has emerged from creating an entity namely M/s Hyosung Advance Materials Corporation (HAMC) in the organization and that as there is no change in the status of the producer, thus normal value remains unchanged;

(ii)     in the case of Zhejiang Guxiandao Industrial Fibre Co., Ltd, the need for change in name emerged due to internal reorganisation, and the producer is the same and wants to be the exporter also;

(iii)   the two requests fall in the category of name change only and there is no change in shareholding pattern of ownership which do not alter the basic nature of the business and recommended the following changes in the Duty Table in its final findings 6/12/2017-DGAD dated the 24th May, 2018:-

(a)        At Sr. No. 1, in column 7, the name of the exporter viz. “Hyosung Corporation”, be amended to “Hyosung Advance Materials Corporation (HAMC)”;

(b)        At Sr. No. 2 in column 7, the name of the exporter viz. “Zhejiang Guxiandao Industrial Fibre Co., Ltd.”, be amended to “Zhejiang Guxiandao Polyester Dope Dyed Yarn Co., Ltd”.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the 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, after considering the aforesaid amendments to final findings of the designated authority, hereby makes the following amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue) No. 35/2018-Customs (ADD), dated the 9th July, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 620(E), dated the 9th July, 2018, namely:-

In the said notification, in the table,-

(i)      against serial number 1, for the entry in column (7), the entry “Hyosung Advance Materials Corporation”, shall be substituted;

(ii)   against serial number 2, for the entry in column (7), the entry “Zhejiang Guxiandao Polyester Dope Dyed Yarn Co., Ltd”, shall be substituted.

[F. No. 354/233/2018-TRU]