Another Five Years of Anti-dumping on Narrow Woven Fabrics from China and Taiwan – Duty Lowered in Review Process

[Customs Notification No. 108 dated 6th October 2010]

Whereas, the designated authority, vide its notification No. 15/9/2009-DGAD, dated 20th August,2009 published in Part I, Section 1 the Gazette of India, Extraordinary, dated the 21st August,2009, had initiated a review in the matter of continuation of anti-dumping on imports of Narrow woven fabrics having pile weave, made up of manmade fibres (also known as hook and loop tape fasteners or Velcro tapes or fastening tape) (hereinafter referred to as the subject goods) falling under heading 5806 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People's Republic of China and Chinese Taipei (hereinafter referred to as the subject countries), imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 76/2005- Customs, dated the 25th July,2005, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.503(E), dated the 25th July,2005;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject country upto and inclusive of the 13th February, 2011 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 46/2010- Customs, dated the 12th April, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.311(E), dated the 12th April, 2010;

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 in its final findings issued vide notification No. 15/9/2009-DGAD, dated 19th August, 2010 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th August, 2010, had come to the conclusion that-

(i) the subject goods were entering the Indian market at dumped prices and dumping margin of the subject goods imported from subject countries were significant and above the de-minimis limits prescribed. The subject goods continued to be exported to India at dumped prices in spite of existing anti dumping duties;

(ii) the domestic industry continued to suffer material injury in spite of the existing anti dumping duties. Further, it was noted that in the event that the present anti dumping duties were revoked, injury to the domestic would likely to continue and intensify;

(iii) the anti-dumping duty is required to be extended and modified;

and had recommended continued imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from, the subject countries 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 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 at the rate equal to the amount indicated in the corresponding entry in column (9), in the currency specified in the corresponding entry in column (11) and per unit of measurement specified in the corresponding entry in column (10) of the said Table.

Table
S. No.	Heading	Description of goods	Specification	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	5806	Narrow woven fabrics having pile weave, made up of manmade fibres (also known as hook and loop tape fasteners or Velcro tapes or fastening tape)	Any	Any Country	Chinese Taipei	Any producer	Any exporter	1.75	kg	US Dollar
2	5806	-do-	Any	Chinese Taipei	Any	Any producer	Any exporter	1.75	kg	US Dollar
3	5806	-do-	Any	Any Country	People’s Republic of China	Any producer	Any exporter	2.87	kg	US Dollar
4	5806	-do-	Any	People’s Republic of China	Any	Any producer	Any exporter	2.87	kg	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.354/70/2004 –TRU]