CUS NTF NO. 82/2006 DATE 21/08/2006

Anti-dumping duty on import of non-POY levied
Whereas in the matter of import of fully drawn yarn or fully oriented yarn or spin drawn yarn or flat yam of polyester (non-textured and non-POY) and other yarn (hereinafter referred to as the subject goods) falling under tariff item 5402 47 00 [OLD5402 43 00] of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from Indonesia, Republic of Korea, Malaysia and Chinese Taipei (hereinafter referred to as the subject countries), the designated authority in its preliminary findings vide notification No.14/3/2005-DGAD, dated the 3rd July 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd July2006, has come to the conclusion that –

(i) the subject goods originating in or exported from subject countries have been exported to India below their normal values;

(ii) the domestic industry has suffered material injury;

(iii) the injury has been caused to the domestic industry by dumped imports of subject goods originating in or exported from the subject countries; and has recommended imposition of provisional anti-dumping duty, pending final determination, on all imports of the subject goods originating in or exported from the subject countries;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 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 tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries specified in the corresponding entry in column (5), and exported from the countries specified in the corresponding entry in column (6) and produced by the producers specified in the corresponding entry in column (7) and exported by the exporters specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty which shall be equal to the amount 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.

TABLE

S. No.	Tariff item	Des- crip- tion of goods	Spe- cifica- tion	Country of Origin	Country of export	Producer	Exporter	Amo- unt	Unit of Mea- sure- ment	Curr- ency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1	5402 47 00 [OLD5402 43 00]	Fully drawn yarn	Any	Indonesia	Any	Any other than P.T. Mutu Gading Tekstil	Any other than P.T. Mutu Gading Tekstil	699	MT	US Dollar
2	5402 47 00 [OLD5402 43 00]	Fully drawn yarn	Any	Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei	Indonesia	Any	Any	699	MT	US Dollar
3	5402 47 00 [OLD5402 43 00]	Fully drawn yarn	Any	Republic of Korea	Any	H.K. Corporation,	H.K. Corporation,	107	MT	US Dollar
4	5402 47 00 [OLD5402 43 00]	Fully drawn yarn	Any	Republic of Korea	Any	Any other than H.K. Corporation, Hyosung Corporation, Saehan Industry and Huvis Corporation	Any other than H.K. Corporation, Hyosung Corporation, Saehan Industry and Huvis Corporation	558	MT	US Dollar
5	5402 47 00 [OLD5402 43 00]	Fully drawn yarn	Any	Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei	Republic of Korea	Any	Any	558	MT	US Dollar
6	5402 47 00 [OLD5402 43 00]	Fully drawn yarn	Any	Malaysia	Any	Hualon Corporation	Hualon Corporation	140	MT	US Dollar
7	5402 47 00 [OLD5402 43 00]	Fully drawn yarn	Any	Malaysia	Any	Any other than Hualon Corporation	Any other than Hualon Corporation	419	MT	US Dollar
8	5402 47 00 [OLD5402 43 00]	Fully drawn yarn	Any	Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei	Malaysia	Any	Any	419	MT	US Dollar
9	5402 47 00 [OLD5402 43 00]	Fully drawn yarn	Any	Chinese Taipei	Any	Nan Ya Plastics Corporation	Nan Ya Plastics Corporation	57	MT	US Dollar
10	5402 47 00 [OLD5402 43 00]	Fully drawn yarn	Any	Chinese Taipei	Any	China Man made Fiber Corporation	China Man made Fiber Corporation	268	MT	US Dollar
11	5402 47 00 [OLD5402 43 00]	Fully drawn yarn	Any	Chinese Taipei	Any	Any other than Nan Ya Plastics Corporation and China Man made Fiber Corporation	Any other than Nan Ya Plastics Corporation and China Man made Fiber Corporation	421	MT	US Dollar
12	5402 47 00 [OLD5402 43 00]	Fully drawn yarn	Any	Other than Indonesia, Republic of Korea, Malaysia and Chinese Taipei	Chinese Taipei	Any	Any	421	MT	US Dollar

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 20th day of February 2007, and shall be payable 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 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.

F.No.354/80/2006-TRU

(S. Bajaj)
Under Secretary to the Government of India

(Anti-dumping duty on non-textured and non-POY vide CUS NTF NO. 15/2007 DATE 20/02/2007)
(In the notification figure “5402 43 00” wherever it occurs has been substituted vide CUS NTF NO. 122/2006 DATE 30/12/2006)

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