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Customs Notification, Circulars Anti-Dumping Notifications (DGAD)  NOTIFICATION NO. 15/4/2003-DGAD DATE 03/09/2003
NOTIFICATION NO. 15/4/2003-DGAD DATE 03/09/2003

Initiation of Sunset Review regarding anti-dumping duty imposed on Acrylic Fibre originating in or exportedfrom Japan, Spain, Portugal and Italy.

The Designated Authority, having regard to the Customs Tariff Act, 1975 as amended in 1995 and the CustomsTariff (Identification, Assessment and Collection of Duty or Additional Duty on Dumped Articles and for Determination of Injury) Rules, 1995, recommended imposition of provisional Anti Dumping duty on imports of Acrylic Fore (hereinafter referred to as subject goods) originating in or exported from Japan, Spain, Portugal and Italy (hereinafter referred to as subject countries) falling under Sub-heading 5501.30 and 5503.30. The findings were published vide Notification no. 32/1/97-ADD dated 20th October 1998 and provisional duty was imposed on the subject goods vide Customs notification No. 90/98 dated 17.11.1998. The Designated Authority came out with final findings on 24th December 1998 and definitive anti dumping duty was imposed by Customs as per notification No. 8/99 dated 22.01.1999 as amended by Notification No. 53/99. Cus. dated 04.05.1999.

1 Product Under Consideration

The product under consideration is Acrylic fibre, both in shrinkable and non-shrinkable form, ranging from 1.5Denier to 8, Denier and covered tow, top and staples fibres. The product is classified under Customs Code 5501.30and 5503.30.

2. Initiation

The Customs Tariff (Amendment) Act 1995 and the Rules made there under require the Authority to review fromtime to time, the need for continuance of Anti Dumping Duty. Forum of Acrylic Fibrer Manufacturers, on behalf of M/s Indian Acrylic Ltd., Chandigarh; M/s Consolidated Fibre and Chemicals Ltd, Calcutta; and M/s Pasupati Acrylon Ltd., New Delhi have filed a petition for sunset review for continuation of the antidumping duty imposed on the subject goods under the above mentioned notifications for a further period of 5 years.

The Designated Authority now considers that the sunset review of the Anti Dumping Duty recommended wouldbe appropriate at this stage under the provision of Section 9A (5) of Customs Tariff (Amendment) Act 1995.

3. Procedure

Having decided to review the final findings notified vide No 32/1/97-ADD dated 24th December, 1998 and finalduty imposed by Notification No 8/99-Cus. dated 22.01.1999 as amended vide Notification No. 53/99-Cus., dated04.05.1999, the Authority hereby initiates investigations to review whether cessation of antidumping duty is likely to lead to continuation or recurrence of dumping and injury on imports of Acrylic Fibre originating in or exported from originating in or exported from Japan, Spain, Portugal and Italy, in accordance with the Customs Tariff (Amendment) Act, 1995 and the Customs Tariff (Identification, Assessment & Collection of Anti Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995.

4. The review covers all aspects -of Notification No. No 32/1/97-ADD dated 24th December 1998.

5 The period of investigation for the purpose of the present review is 1st April 2002 to 31st March 2003

6. Submission of Information:

The exporters in subject countries, their governments through their embassies in India, the importers and usersin India known to be concerned and the domestic industry are being addressed separately to submit relevantinformation in the form and manner prescribed and to make their views known to the:

The Designated Authority
Directorate General of Anti-Dumping and Allied Duties
Department of Commerce
Udyog Bhavan,
New Delhi-110011.

Any other interested party may also make its submissions relevant to the investigation in the prescribed formand manner within the time limit set out below.

7. Time Limit

Any information relating to the present review and any request for hearing should be sent in writing so as toreach the Authority at the address mentioned above not later than forty days (40 Days) from the date of publication of this review notification. If no information is received within the prescribed time limit or the information received is incomplete, the Designated Authority may record its findings on the basis of the facts available on record in accordance with the Rules supra.

8. Inspection of Public File:

In terms of Rules 6(7), any interested party may inspect the public file containing non-confidential version of theevidence submitted by other interested parties. In case where an interested party refuses access to, or otherwise does not provide necessary information within a reasonable period, or significantly impedes the investigation, the Authority may record its findings on the basis of the facts available to it and make such recommendations to the Central Government as deemed fit.

Sd/-
L. V. SAPTHARISHI
Designated Authority


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