CUSTOMS NOTIFICATION No. 157/2000 Dated 27th December, 2000

WHEREAS in the matter of import of Nylon Tyre Cord Fabric (NTCF) falling under sub-heading No.5902.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from South Korea, Indonesia, Thailand and Taiwan, the Designated Authority, vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th October, 1999, had come to the conclusion that-

1. Nylon Tyre Cord Fabric (NTCF) originating in, or exported from, South Korea, Indonesia, Thailand and Taiwan, has been exported to India below normal value, resulting in dumping;
   
   
2. the Indian industry has suffered material injury;
   
   
3. the injury has been caused cumulatively by the imports from the subject countries;
   
   

AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 124/99-Customs, dated the 9th November, 1999 [G.S.R. 763(E), dated the 9th November, 1999] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9th November, 1999;


AND WHEREAS the Designated Authority vide notification No. 31/1/98-DGAD, dated the 22nd February, 2000, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 22nd February, 2000, has in its final findings concluded that-

1. Nylon Tyre Cord Fabric (NTCF) originating in, or exported from, subject countries has been exported to India below its normal value, resulting in dumping;
   
   
2. the domestic industry has suffered material injury;
   
   
3. the injury has been caused to the domestic industry by the dumping of the subject goods originating in or exported from subject countries.
   
   

AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 32/2000-Customs, dated the 28th March 2000 [G.S.R. 263(E), dated the 28th March 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 28th March, 2000;

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi (hereinafter referred to as CEGAT), in its final order No. 37-40/2000-AD, dated the 6th November, 2000 in Appeal Nos. C/194/2000-AD with C/Misc/288/2000-AD, C/195/2000-AD, C/233/2000-AD and C/234/2000-AD in the matters of M/s Automotive Tyre Manufacturers Association, M/s Association of Synthetic Fibre Industry, M/s Thai Baroda Industries and M/s Formosa Taffeta Co. Ltd. respectively has held that “Consequent to the setting aside of the imposition of duty on exports by Formosa Taffeta Co. Ltd. and the acceptance of the appeal of Association of Synthetic Fibre Industries in regard to exclusion of handling charges and imposition of the duty in dollar terms, as stated above, the duties imposed under Notification No. 32/2000-Cus are revised as indicated in the table below:-

S.No.	Name of the Country	Name of the Exporter	Amt. of duty (US $/ MT)
(1)	(2)	(3)	(4)
1.	South Korea	(a) M/s. Hyosung Corporation	161
		(b) All Other exporters	647
2.	Indonesia	(a) M/s. PTGT Petrochem Industries	101
		(b) All Other exporters	282
3.	Thailand	(a) M/s. Thai Baroda Industries Ltd.	159
		(b) All Other exporters	739
4.	Taiwan	All Exporters other than M/s. Formosa Taffeta Co. Ltd.	543

AND WHEREAS the Designated Authority has accepted the above order of CEGAT dated the 6th November, 2000;

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) 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, and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 32/2000-Customs, dated the 28th March, 2000 [G.S.R.263(E), dated the 28th March 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 28th March 2000, the Central Government except as respects things done or omitted to be done before such supersession, hereby imposes on Nylon Tyre Cord Fabric (NTCF) falling under sub-heading No. 5902.10 of the First Schedule to the said Customs Tariff Act, when originating in, or exported from, the countries specified in column (2) of the Table hereto annexed, by the exporters mentioned in the corresponding entry in column (3) of the said Table and imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (4) of the said Table.

TABLE

S.No.	Name of the Country	Name of the Exporter	Amt. of duty (US $/ MT)
(1)	(2)	(3)	(4)
1.	South Korea	(a) M/s. Hyosung Corporation	161
		(b) All Other exporters	647
2.	Indonesia	(a) M/s. PTGT Petrochem Industries	101
		(b) All Other exporters	282
3.	Thailand	(a) M/s. Thai Baroda Industries Ltd.	159
		(b) All Other exporters	739
4.	Taiwan	All Exporters other than M/s. Formosa Taffeta Co. Ltd.	543

Explanation.- For the purposes of this notification, the anti-dumping duty shall be paid in Indian currency. The “rate of exchange” applicable for the purposes of calculation of such 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 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 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.

Sd/-
(Prasant Kumar Sinha)
Under Secretary to the Government of India

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