Anti-dumping Duty on
Polyester Yarn from China, Thailand and Vietnam
Ntfn 29 Whereas
in the matter of imports
26.03.2009 of All Fully Drawn or Fully Oriented
(DoR) Yarn/Spin Draw Yarn/Flat Yarn of
Polyester (non-textured
and non – POY) (hereinafter referred to as the subject goods), falling under
tariff item 5402 47 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,
Thailand and Vietnam (hereinafter referred to as the subject countries) and
imported into India, the designated authority in its preliminary findings vide
notification No.14/3/2008-DGAD dated the 23rd January, 2009 published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 27th January,
2009 has come to the conclusion that-
(a) the subject goods have been exported to India from the subject
countries below its normal value;
(b) the domestic industry has suffered material injury; and
(c) the injury has been caused by the dumped imports from the
subject countries;
and has recommended imposition of
provisional anti-dumping duty on the imports of subject goods, originating in,
or exported from, the subject countries;
Now, therefore, in exercise of the
powers conferred by sub-section (2) of section 9A of the said Customs Tariff
Act, 1975 read with rules 13 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 tariff item 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 country
as specified in the corresponding entry in column (5), and exported from the
country as specified in the corresponding entry in column (6), and produced by
the producer as specified in the corresponding entry in column (7), and
exported by the exporter as specified in the corresponding entry in column (8),
and imported into India, an anti-dumping duty at the rate equal to the amount
indicated 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 |
Tariff Item |
Description
of goods |
Specifi-cation |
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. |
5402 47 00 |
All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat
Yarn of Polyester (non-textured and non – POY) |
Any |
People’s Republic of China |
People’s Republic of China |
Tongkun Group Co. Ltd. |
Tongkun Group Co. Ltd. |
200.53 |
MT |
US dollar |
|
2. |
5402 47 00 |
-do- |
Any |
People’s Republic of China |
People’s Republic of China |
Tongkun Group Hengsheng Chemical Fibre Co. Ltd |
Tongkun Group Hengsheng Chemical Fibre Co. Ltd |
225.52 |
MT |
US dollar |
|
3. |
5402 47 00 |
-do- |
Any |
People’s Republic of China |
People’s Republic of China |
Wuxi Godsheep Industry &
Trade Co. Ltd. |
Jiangsu Godsheep Chemical Fibre Co. Ltd. |
275.42 |
MT |
US dollar |
|
4 |
5402 47 00 |
-do- |
Any |
People’s Republic of China |
People’s Republic of China |
Jiangsu Hengli Chemicals Fibre Co. Ltd |
Jiangsu Hengli Chemicals Fibre Co. Ltd |
112.64 |
MT |
US dollar |
|
5 |
5402 47 00 |
-do- |
Any |
People’s Republic of China |
People’s Republic of China |
Any combination other than at S. No. 1 to 4 above |
527.31 |
MT |
USD |
|
|
6 |
5402 47 00 |
-do- |
Any |
People’s Republic of China |
Any other than People’s Republic of China |
Any |
Any |
527.31 |
MT |
US dollar |
|
7 |
5402 47 00 |
-do- |
Any |
Any other than subject countries |
People’s Republic of China |
Any |
Any |
527.31 |
MT |
US dollar |
|
8 |
5402 47 00 |
-do- |
Any |
Vietnam |
Vietnam |
Any |
Any |
232.86 |
MT |
US dollar |
|
9 |
5402 47 00 |
-do- |
Any |
Vietnam |
Any other than Vietnam |
Any |
Any |
232.86 |
MT |
US dollar |
|
10 |
5402 47 00 |
-do- |
Any |
Any other than subject countries |
Vietnam |
Any |
Any |
232.86 |
MT |
US dollar |
|
11 |
5402 47 00 |
-do- |
Any |
Thailand |
Thailand |
Indo Poly (Thailand) Ltd. |
Indo Poly (Thailand) Ltd. |
283.21 |
MT |
US dollar |
|
12 |
5402 47 00 |
-do- |
Any |
Thailand |
Thailand |
Any combination other than at S. No. 11 above |
379.74 |
MT |
USD |
|
|
13 |
5402 47 00 |
-do- |
Any |
Thailand |
Any other than Thailand |
Any |
Any |
379.74 |
MT |
US dollar |
|
14 |
5402 47 00 |
-do- |
Any |
Any other than subject countries |
Thailand |
Any |
Any |
379.74 |
MT |
US dollar |
2. The
anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 25th September, 2009.
Explanation. - For the purposes of this
notification, 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 section 14 of
the Customs Act 1962 (52 of 1962), 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.
[F.No.354/29/2009 –TRU]