Another
5 Years for Anti-dumping Duty on Nylon Tyre Cord Fabric from China
Ntfn 41 Whereas, the designated authority, vide its
notification
29.04.2009 No. 14/20/2008-DGAD,
dated16th September, 2008, had
(DoR) initiated review, in terms
of sub-section (5) of section 9A
of the Customs Tariff
Act, 1975 (51 of 1975) and in pursuance of rule 23 of the Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995, in the matter of
continuation of anti-dumping duty on imports of Nylon Tyre Cord Fabric (NTCF)
[hereinafter referred to as the subject goods], falling under sub-heading 5902
10 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 countries), imposed vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.
36/2005-Customs, dated the 27th April, 2005, published in Part II,
Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 27th April, 2005 [G.S.R. 248 (E), dated the
27th April, 2005];
And whereas, in the
matter of review of anti-dumping on import of the subject goods, originating
in, or exported from, the subject country, the designated authority in its
final findings issued vide notification No. 14/20/2008-DGAD, dated 31st March,
2009, published in Part I, Section 1 of the Gazette of India, Extraordinary,
dated the 1st April, 2009, has come to the conclusion that-
(a) subject goods
originating in or exported from the People’s Republic of China has been
exported to India below their normal value, resulting in dumping;
(b) dumping of subject
goods from subject country continue to cause material injury to the domestic
industry; and
(c) in case of
revocation of anti-dumping duties on the subject goods from subject countries,
the dumping is likely to continue (from the People’s Republic of China) leading
to the continuance or intensification of injury to the domestic industry;
and has recommended continued 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;
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 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 sub-heading 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 produced by the producer as specified in the corresponding entry in
column (7), when exported from the country as specified in the corresponding
entry in column (6), by the exporter as specified in the corresponding entry in
column (8), and imported into India, an anti-dumping duty at a rate which is
equal to the amount as specified 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.
Table
|
S.No |
Sub- heading |
Description of goods |
Grade |
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. |
5902 10 |
Nylon Tyre Cord Fabric (NTCF) |
All Grades |
The People’s Republic of China |
The People’s Republic of China |
M/s. Ningbo Nylon Company Ltd. |
Ningbo Jinlun Import & Export Co. Ltd. |
1.24 |
kilogram |
US dollar |
|
2. |
5902 10 |
Nylon Tyre Cord Fabric (NTCF) |
All Grades |
The People’s Republic of China |
The People’s Republic of China |
Any combination other than at 1 above |
1.76 |
kilogram |
US dollar |
|
|
3. |
5902 10 |
Nylon Tyre Cord Fabric (NTCF) |
All Grades |
The People’s Republic of China |
Any Country other than the People’s Republic of China |
Any |
Any |
1.76 |
kilogram |
US dollar |
|
4 |
5902 10 |
Nylon Tyre Cord Fabric (NTCF) |
All Grades |
Any country other than country (ies) attracting anti- dumping duty |
The People’s Republic of China |
Any |
Any |
1.76 |
kilogram |
US dollar |
2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette. The anti-dumping duty 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 conferred by 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.
[F. No.354/63/2004-TRU (Part-II)