CUS NTF NO. 106/2003 DATE 10/07/2003

Anti-dumping duty on Mulberry Raw Silk (not thrown), 2A grade and below

WHEREAS in the matter of import of Mulberry Raw Silk (not thrown), 2A grade and below (hereinafter referred to as the subject goods), falling under sub-heading 5002 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People's Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th December, 2002, had come to the conclusion that-

(a) the subject goods originating in, or exported from, People's Republic of China had been exported to India below normal value, resulting in dumping;

(b) the domestic industry had suffered injury;

(c) the injury had been caused by imports from 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 erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 2/2003-Customs, dated the 2nd January, 2003 [G.S.R. 2 (E), dated the 2nd January, 2003], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 2nd January, 2003;

AND WHEREAS the designated authority, vide its final findings notification No. 14/28/2002 ­DGAD, dated the 3rd July, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4th July, 2003, has come to the conclusion that-

(a) the subject goods, originating in, or exported from, People's Republic of China have been exported to India below normal value, resulting in dumping;

(b) the domestic industry has suffered material injury;

(c) material injury has been caused by imports from People's Republic of China ;

and has recommended imposition of definitive anti-dumping duty on all imports of the subject goods, originating in, or exported from, People's Republic of China;

NOW, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and 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 aforesaid final 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 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), originating in the countries 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 countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between 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, and the landed value of such imported goods in like currency per like unit of measurement.

Table

Sl. No.	Sub-head- ing	Descri- ption of Goods	Specifi-cation	Country of Origin	Country of Export	Produ- cer	Expor-ter	Amo- unt	Unit of Mea- sure- ment	Curr- ency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	5002 00	Mulberry Raw Silk (not thrown)	2A grade and below	People's Republic of China	Any Country	Any Producer	Any Exporter	27.97	kilogram	US Dollar
2.	5002 00	Mulberry Raw Silk (not thrown)	2A grade and below	Any Country other than People's Republic of China	People's Republic of China	Any Producer	Any Exporter	27.97	kilogram	US Dollar

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 2nd January, 2003 and shall be paid in Indian currency.

Explanation - For the purposes of this notification,-

(a) landed value' means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(b) 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 said Customs Act, and the relevant date for the determination of the rate of exchange shall be the date of presentation of the ³bill of entry² under section 46 of the said Customs Act.

(F.No.354/224/2002-TRU)

(V.Sivasubramanian)
Deputy Secretary to the Government of India

Presented by eximkey.com