POY from Thailand, Indonesia, Malaysia and Chinese Taipei – Review of Anti-dumping Notification

Ntfn 86 Whereas, the designated authority, vide its notification No. 15/9/2005- DGAD, published in Part I, Section I
10.07.2007 of the Gazette of India, Extraordinary, dated the 20^th December, 2005, had initiated a review in the matter of
continuation of anti-dumping duties on imports of partially oriented yarn of Polyester (hereinafter referred to as the subject goods), falling under heading 5402 of the First Schedule to the Customs Tariff Act 1975, (51 of 1975), originating in, or exported from, Thailand, Indonesia, Malaysia and Chinese Taipei (hereinafter referred to as the subject countries), imposed vide notification No. 15/2002-Customs, dated the 8^th February, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 92(E), dated the 8^th February, 2002; [Substituted by 132/10.12.2008]

And whereas, the Central Government has extended the anti-dumping duty on the subject goods, originating in, or exported from the subject countries up to and inclusive of the11^th April, 2007 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.22/2006-Customs, dated the 2^nd March, 2006, number G.S.R.128 (E), dated the 2^nd March, 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 2^nd March, 2006;

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from the subject countries, the designated authority vide its final findings No.15/9/2005-DGAD dated the 18^th June, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18^th June, 2007, has come to the conclusion that –

(i) subject goods originating in or exported from the subject countries have been exported to India below their normal values;

(ii) the domestic industry has suffered material injury;

(iii) the injury has been caused to the domestic industry by dumped imports of the subject goods from the subject countries;

(iv) anti dumping duties are required to be imposed in respect of imports from the subject countries, as withdrawal thereof would lead to continuation of dumping and injury;

and has recommended continued imposition of definitive anti-dumping duty against the subject goods, originating in, or exported from the subject countries;

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, 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 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 countries as specified in the corresponding entry in column (5), exported from the countries as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate 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 per unit of measurement as specified in the corresponding entry in column (10) of the said Table,-

Table

Sl. No	Heading	Description of goods	Specification	Country of origin	Country of Export	Producer	Exporter	Amount	Unit of Measurement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1	5402	Partially Oriented Yarn of Polyester	Any	Chinese Taipei	Chinese Taipei	Any	Any	461.52	MT	US$
2	5402	Partially Oriented Yarn of Polyester	Any	Chinese Taipei	Any other than Chinese Taipei	Any	Any	461.52	MT	US$
3	5402	Partially Oriented Yarn of Polyester	Any	Any other than subject countries	Chinese Taipei	Any	Any	461.52	MT	US$
4	5402	Partially Oriented Yarn of Polyester	Any	Thailand	Thailand	Any	Any	83.74	MT	US$
5	5402	Partially Oriented Yarn of Polyester	Any	Thailand	Any other than Thailand	Any	Any	83.74	MT	US$
6	5402	Partially Oriented Yarn of Polyester	Any	Any other than subject countries	Thailand	Any	Any	83.74	MT	US$
7	5402	Partially Oriented Yarn of Polyester	Any	Indonesia	Indonesia	M/s PT Polysindo Eka Perkasa,	M/s PT Polysindo Eka Perkasa,	88.68	MT	US$
8	5402	Partially Oriented Yarn of Polyester	Any	Indonesia	Indonesia	Any other than M/s PT Polysindo Eka Perkasa,	Any other than M/s PT Polysindo Eka Perkasa,	140.05	MT	US$
9	5402	Partially Oriented Yarn of Polyester	Any	Indonesia	Any other than Indonesia	Any	Any	140.05	MT	US$
10	5402	Partially Oriented Yarn of Polyester	Any	Any other than subject countries	Indonesia	Any	Any	140.05	MT	US$
11	5402	Partially Oriented Yarn of Polyester	Any	Malaysia	Malaysia	M/s Hualon Corporation (M) Sdn BHD	M/s Hualon Corporation (M) Sdn BHD.	74.13	MT	US$
12	5402	Partially Oriented Yarn of Polyester	Any	Malaysia	Malaysia	Any other than M/s Hualon Corporation (M) Sdn BHD.	Any other than M/s Hualon Corporation (M) Sdn BHD.	185.03	MT	US$
13	5402	Partially Oriented Yarn of Polyester	Any	Malaysia	Any other than Malaysia	Any	Any	185.03	MT	US$
14	5402	Partially Oriented Yarn of Polyester	Any	Any other than subject countries	Malaysia	Any	Any	185.03	MT	US$

Table Subsitituted by 132/10.12.2008

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 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 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.