Anti-dumping Duty on Viscose Rayon Filament Yarn from China –
Final Findings
Ntfn 81 Whereas
in the matter of import of viscose rayon filament yarn upto 150 deniers
including monofilament yarn of
13.07.2009 less than 67 decitex falling
under Chapter heading 5403 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, the People’s Republic of China (hereinafter referred to as the subject
country) and Ukraine, the designated Authority in its final findings vide notification
No. 14/23/2004-DGAD, dated the 4th April 2006, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 4th April 2006, had come to
the conclusion that –
(i) the subject goods had been exported to India from the
People’s Republic of China below its normal value;
(ii) the domestic industry had suffered material injury and is
facing threat of material injury;
(iii) the injury had been caused by the dumped
imports from the People’s Republic of China; and
(iv) the anti-dumping investigations were terminated with regards
to Ukraine, as imports from that country had been found to be negligible;
and had recommended imposition of definitive anti-dumping duty,
on all imports of the subject goods originating in or exported from the
People’s Republic of China.
And whereas on the basis of the
aforesaid findings of the designated authority, the Central Government had
imposed an anti-dumping duty on the subject goods vide notification of
the Government of India in the Ministry of Finance (Department of Revenue), No.
45/2006–Customs, published in the Gazette of India Extraordinary, Part II,
Section 3, Sub-section (i), vide number G.S.R.308 (E), dated the 24th
May, 2006
And whereas the designated
authority, in its final findings in mid-term review, vide notification
No. 15/8/2007-DGAD, dated the 22nd May, 2009, published in the Gazette
of India, Extraordinary, Part I, section 1, dated the 22nd May, 2009, had come
to the conclusion that-
1.
the subject goods were entering the
Indian market at dumped prices and dumping margins of the subject goods
imported from the People’s Republic of China was substantial and above
de-minimis; and the product continued to be exported to India at dumped prices.
2.
the subject goods were likely to
enter Indian market at dumped prices, should the present measures be withdrawn;
3.
the situation of domestic industry
deteriorated further in spite of existing anti- dumping duties; should the
present anti dumping duties be revoked, injury to the domestic industry is
likely to continue and intensify; and
4.
the deterioration in the performance
of the domestic industry was because of dumped imports from the People’s
Republic of China;
and had recommended continued imposition of anti-dumping duty
on all imports of the subject goods originating in, or exported from, the
People’s Republic of China.
Now, therefore, in exercise of the
powers conferred by sub-sections (1) and (5) of section 9A of the said Customs
Tariff Act, 1975, read with rule 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
hereby makes the following further amendments in the notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.
45/2006–Customs, published in the Gazette of India Extraordinary, Part II,
Section 3, Sub-section (i), vide number G.S.R.308 (E), dated the 24th
May, 2006, namely:-
In the said notification, for the
Table, the following Table shall be substituted, namely:-
Table
|
S.No |
Heading |
Description of goods |
Specifi-cation (denier) |
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. |
5403 |
Viscose rayon filament yarn upto 150 deniers (and +- 4%
permissible variation thereof) including monofilament yarn of less than 67
decitex, also known as viscose filament yarn or VFY, rayon filament yarn, art
silk yarn, cellulose yarn or rayon yarn, and includes all yarn made of 100%
viscose yarns such as dyed yarn, flat yarn, microfilament micro yarn, twisted
yarn (excluding embroidered yarn), doubled/ multiple ply yarn etc. of VFY,
excluding embroidered yarn, sewing thread, fur yarn, fire retardant yarn,
engineered yarn, and air texturised yarn |
30 |
People’s Republic of China |
People’s Republic of China |
Yibin Hiest Fibre Limited Corporation. |
Yibin Hiest Fibre Limited Corporation. |
10.10 |
KG |
US dollar |
|
2 |
5403 |
-do- |
40 |
People’s Republic of China |
People’s Republic of China |
Yibin Hiest Fibre Limited Corporation. |
Yibin Hiest Fibre Limited Corporation. |
9.68 |
KG |
US dollar |
|
3 |
5403 |
-do- |
50 |
People’s Republic of China |
People’s Republic of China |
Yibin Hiest Fibre Limited Corporation. |
Yibin Hiest Fibre Limited Corporation. |
9.71 |
KG |
US dollar |
|
4 |
5403 |
-do- |
60 |
People’s Republic of China |
People’s Republic of China |
Yibin Hiest Fibre Limited Corporation. |
Yibin Hiest Fibre Limited Corporation. |
8.08 |
KG |
US dollar |
|
5 |
5403 |
-do- |
75 |
People’s Republic of China |
People’s Republic of China |
Yibin Hiest Fibre Limited Corporation. |
Yibin Hiest Fibre Limited Corporation. |
6.28 |
KG |
US dollar |
|
6 |
5403 |
-do- |
100 |
People’s Republic of China |
People’s Republic of China |
Yibin Hiest Fibre Limited Corporation. |
Yibin Hiest Fibre Limited Corporation. |
4.72 |
KG |
US dollar |
|
7 |
5403 |
-do- |
120 |
People’s Republic of China |
People’s Republic of China |
Yibin Hiest Fibre Limited Corporation. |
Yibin Hiest Fibre Limited Corporation. |
4.77 |
KG |
US dollar |
|
8 |
5403 |
-do- |
150 |
People’s Republic of China |
People’s Republic of China |
Yibin Hiest Fibre Limited Corporation. |
Yibin Hiest Fibre Limited Corporation. |
4.74 |
KG |
US dollar |
|
9 |
5403 |
-do- |
Any other |
People’s Republic of China |
People’s Republic of China |
Yibin Hiest Fibre Limited Corporation. |
Yibin Hiest Fibre Limited Corporation. |
11.38 |
KG |
US dollar |
|
10 |
5403 |
-do- |
30 |
People’s Republic of China |
People’s Republic of China |
Xinxiang Chemical Fibre Co. ltd. |
Xinxiang Chemical Fibre Co. ltd. |
10.10 |
KG |
US dollar |
|
11 |
5403 |
-do- |
40 |
People’s Republic of China |
People’s Republic of China |
Xinxiang Chemical Fibre Co. ltd. |
Xinxiang Chemical Fibre Co. ltd. |
9.68 |
KG |
US dollar |
|
12 |
5403 |
-do- |
50 |
People’s Republic of China |
People’s Republic of China |
Xinxiang Chemical Fibre Co. ltd. |
Xinxiang Chemical Fibre Co. ltd. |
9.71 |
KG |
US dollar |
|
13 |
5403 |
-do- |
60 |
People’s Republic of China |
People’s Republic of China |
Xinxiang Chemical Fibre Co. ltd. |
Xinxiang Chemical Fibre Co. ltd. |
8.08 |
KG |
US dollar |
|
14 |
5403 |
-do- |
75 |
People’s Republic of China |
People’s Republic of China |
Xinxiang Chemical Fibre Co. ltd. |
Xinxiang Chemical Fibre Co. ltd. |
6.28 |
KG |
US dollar |
|
15 |
5403 |
-do- |
100 |
People’s Republic of China |
People’s Republic of China |
Xinxiang Chemical Fibre Co. ltd. |
Xinxiang Chemical Fibre Co. ltd. |
6.07 |
KG |
US dollar |
|
16 |
5403 |
-do- |
120 |
People’s Republic of China |
People’s Republic of China |
Xinxiang Chemical Fibre Co. ltd. |
Xinxiang Chemical Fibre Co. ltd. |
5.20 |
KG |
US dollar |
|
17 |
5403 |
-do- |
150 |
People’s Republic of China |
People’s Republic of China |
Xinxiang Chemical Fibre Co. ltd |
Xinxiang Chemical Fibre Co. ltd. |
5.61 |
KG |
US dollar |
|
18 |
5403 |
-do- |
Any other |
People’s Republic of China |
People’s Republic of China |
Xinxiang Chemical Fibre Co. ltd. |
Xinxiang Chemical Fibre Co. ltd. |
11.38 |
KG |
US dollar |
|
19 |
5403 |
-do- |
30 |
People’s Republic of China |
People’s Republic of China |
Any combination of producer and exporter other than at
S.No. 1 or 10 |
11.28 |
KG |
US dollar |
|
|
20 |
5403 |
-do- |
40 |
People’s Republic of China |
People’s Republic of China |
Any combination of producer and exporter other than at S.
No. 2 or 11 |
10.88 |
KG |
US dollar |
|
|
21 |
5403 |
-do- |
50 |
People’s Republic of China |
People’s Republic of China |
Any combination of producer and exporter other than at S.
No. 3 or 12 |
9.71 |
KG |
US dollar |
|
|
22 |
5403 |
-do- |
60 |
People’s Republic of China |
People’s Republic of China |
Any combination of producer and exporter other than at S.
No. 4 or 13 |
9.55 |
KG |
US dollar |
|
|
23 |
5403 |
-do- |
75 |
People’s Republic of China |
People’s Republic of China |
Any combination of producer and exporter other than at S.
No. 5 or 14 |
6.28 |
KG |
US dollar |
|
|
24 |
5403 |
-do- |
100 |
People’s Republic of China |
People’s Republic of China |
Any combination of producer and exporter other than at S.
No. 6 or 15 |
6.07 |
KG |
US dollar |
|
|
25 |
5403 |
-do- |
120 |
People’s Republic of China |
People’s Republic of China |
Any combination of producer and exporter other than at S.
No. 7 or 16 |
5.20 |
KG |
US dollar |
|
|
26 |
5403 |
-do- |
150 |
People’s Republic of China |
People’s Republic of China |
Any combination of producer and exporter other than at S.
No. 8 or 17 |
5.61 |
KG |
US dollar |
|
|
27 |
5403 |
-do- |
Any other |
People’s Republic of China |
People’s Republic of China |
Any combination of producer and exporter other than at S.
No. 9 or 18 |
11.38 |
KG |
US dollar |
|
|
28 |
5403 |
-do- |
30 |
People’s Republic of China |
Any other than People’s Republic of China |
Any |
Any |
11.28 |
KG |
US dollar |
|
29 |
5403 |
-do- |
40 |
People’s Republic of China |
Any other than People’s Republic of China |
Any |
Any |
10.88 |
KG |
US dollar |
|
30 |
5403 |
-do- |
50 |
People’s Republic of China |
Any other than People’s Republic of China |
Any |
Any |
9.71 |
KG |
US dollar |
|
31 |
5403 |
-do- |
60 |
People’s Republic of China |
Any other than People’s Republic of China |
Any |
Any |
9.55 |
KG |
US dollar |
|
32 |
5403 |
-do- |
75 |
People’s Republic of China |
Any other than People’s Republic of China |
Any |
Any |
6.28 |
KG |
US dollar |
|
33 |
5403 |
-do- |
100 |
People’s Republic of China |
Any other than People’s Republic of China |
Any |
Any |
6.07 |
KG |
US dollar |
|
34 |
5403 |
-do- |
120 |
People’s Republic of China |
Any other than People’s Republic of China |
Any |
Any |
5.20 |
KG |
US dollar |
|
35 |
5403 |
-do- |
150 |
People’s Republic of China |
Any other than People’s Republic of China |
Any |
Any |
5.61 |
KG |
US dollar |
|
36 |
5403 |
-do- |
Any other |
People’s Republic of China |
Any other than People’s Republic of China |
Any |
Any |
11.38 |
KG |
US dollar |
|
37 |
5403 |
-do- |
30 |
Any |
People’s Republic of China |
Any |
Any |
11.28 |
KG |
US dollar |
|
38 |
5403 |
-do- |
40 |
Any |
People’s Republic of China |
Any |
Any |
10.88 |
KG |
US dollar |
|
39 |
5403 |
-do- |
50 |
Any |
People’s Republic of China |
Any |
Any |
9.71 |
KG |
US dollar |
|
40 |
5403 |
-do- |
60 |
Any |
People’s Republic of China |
Any |
Any |
9.55 |
KG |
US dollar |
|
41 |
5403 |
-do- |
75 |
Any |
People’s Republic of China |
Any |
Any |
6.28 |
KG |
US dollar |
|
42 |
5403 |
-do- |
100 |
Any |
People’s Republic of China |
Any |
Any |
6.07 |
KG |
US dollar |
|
43 |
5403 |
-do- |
120 |
Any |
People’s Republic of China |
Any |
Any |
5.20 |
KG |
US dollar |
|
44 |
5403 |
-do- |
150 |
Any |
People’s Republic of China |
Any |
Any |
5.61 |
KG |
US dollar |
|
45 |
5403 |
-do- |
Any other |
Any |
People’s Republic of China |
Any |
Any |
11.38 |
KG |
US dollar |
[F. No. 354/48/2006-TRU (pt)]