Acrylic Yarn from Nepal – Final Findings

Ntfn 74 WHEREAS in the matter of import
24.07.2002 of Acrylic Yarn, falling under heading
54.02 or 55.09 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Nepal, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th September, 2001-

AND WHEREAS, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 2nd July, 2002, has come to the conclusion that-

a. Acrylic Yarn has been exported from Nepal to India below its normal value;

b. the Indian industry has suffered material injury on account of price undercutting, price suppression and significant increase in the volume of dumped imports from Nepal and is being threatened with further injury;

c. the injury has been caused to the domestic industry by the dumped imports from Nepal;

and the designated authority had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of acrylic yarn, originating in, or exported from, Nepal;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification No. 105/2001-Customs, dated the 10th October, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 10th October, 2001 vide No. G.S.R. 769 (E), dated the 10th October, 2001;

AND WHEREAS, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 2nd July, 2002, has come to the conclusion that-

a. Acrylic Yarn has been exported from Nepal to India below its normal value;

b. the Indian industry has suffered material injury on account of price undercutting, price suppression and significant increase in the volume of dumped imports from Nepal and is being threatened with further injury;

c. the injury has been caused to the domestic industry by the dumped imports from Nepal;

NOW, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said 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, on the basis of the above findings of the designated authority, hereby imposes on Acrylic Yarn, falling under heading 54.02 or 55.09 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Nepal, and exported by exporters/producers specified in column (2) of the Table given below, and imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (3) of the said Table.

Table
SNo	Name of the exporter/producer	Anti-dumping duty(US$ per kg)
(1)	(2)	(3)
1.	M/S. Reliance Spinning Mills Ltd.	0.14
2.	All other exporters/producers	0.35

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, i.e., the 10th October, 2001, and shall be payable 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 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.