(This Notification has been rescinded vide CUS NTF NO.16/2002 DATE 8/02/2002)

CUSTOMS NOTIFICATION No.42/2001 Dated 12/04/2001

Anti-Dumping duty on Partially Oriented Yarn (POY) of polyesters exporters from Taiwan, Thailand, Indonesia and Malaysia

WHEREAS in the matter of import of Partially Oriented Yarn (POY) of polyesters (hereinafter referred to as ‘the subject goods’), falling under sub-heading No.5402.42 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from Taiwan, Thailand, Indonesia and Malaysia, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th March, 2001, has come to the conclusion that –

1. the exporters from Taiwan, Thailand, Indonesia and Malaysia (hereinafter referred to as ‘the subject countries’) have been exporting the subject goods below normal value resulting in dumping;
   
   
2. the Indian industry has suffered material injury;
   
   
3. the injury has been caused cumulatively by the dumped imports of the subject goods from the subject countries;

and the designated authority has considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods, originating in, or exported from, the subject countries;

Now, therefore, in exercise of powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rule 13 and the 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 above findings of the designated authority, hereby imposes on Partially Oriented Yarn (POY) of polyesters, falling under sub-heading No.5402.42 of the First Schedule to the said Customs Tariff Act, originating in, or exported from Taiwan, Thailand, Indonesia and Malaysia, and exported by exporters specified in column (2) of the Table annexed hereto, and imported into India, an anti-dumping duty at the rate specified in column (3) of the said Table.

Table

Country	Name of the exporter	Anti dumping duty (US $ per kg.)
(1)	(2)	(3)
Taiwan	M/s. China Man Made Corporation M/s. Tuntex-Distinct Corporation, Taiwan M/s. Tun Ho Spinning Weaving & Dyeing Co. Ltd., Taiwan M/s. Nan Ya Plastics Corporation, Taiwan M/s. Hualon Corporation, Taiwan M/s. Chia Hsin Food & Fiber Co Ltd Other Exporters	0.284 0.392 0.215 0.370 0.574 0.682 0.801
Thailand	M/s. Sunflag (Thailand), Ltd M/s. Tuntex (Thailand) Ltd M/s. Indo Poly Other Exporters	0.181 0.271 0.483 0.483
Indonesia	M/s. Pt Polysindo Eka Perkasa Tbk M/s. Pt Gt Petrochem, Tbk Other Exporters	0.327 0.441 0.441
Malaysia	All Exporters	0.464

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 11th day of October, 2001, and shall be payable in Indian currency.

Explanation.- For the purposes of this notification, “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 the 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 the 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/-
(Prashant Kumar Sinha)
Under Secretary to the Government of India

(Final anti-dumping duty on Partially Oriented Yarn (POY) of polyesters vide CUS NTF NO.15/2002 DATE 8/02/2002)

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