CUS NTF NO. 29/2009 DATE 26/03/2009

Anti dumping duty on the imports of All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (5402 47 00)
G.S.R.--(E). - Whereas in the matter of imports of All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY) (hereinafter referred to as the subject goods), falling under tariff item 5402 47 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, Thailand and Vietnam (hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No.14/3/2008-DGAD dated the 23rd January, 2009 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th January, 2009 has come to the conclusion that –

(a) the subject goods have been exported to India from the subject countries below its normal value;

(b) the domestic industry has suffered material injury; and

(c) the injury has been caused by the dumped imports from the subject countries;

and has recommended imposition of provisional anti-dumping duty on the imports of 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, 1975 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), the specification of which is specified in column (4) of the said Table, originating in the country as specified in the corresponding entry in column (5), and exported from the country as specified in the corresponding entry in column (6), and produced by the producer as specified in the corresponding entry in column (7), and exported by the exporter as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount indicated 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	Description of goods	Specifi-cation	Country of origin	Country of export	Producer	Exporter	Amount	Unit of measur-ement	Curre-ncy
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	5402 47 00	All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY)	Any	People’s Republic of China	People’s Republic of China	TONGKUN GROUP CO. LTD.	TONGKUN GROUP CO. LTD.	200.53	MT	US dollar
2.	5402 47 00	All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY)	Any	People’s Republic of China	People’s Republic of China	TONGKUN GROUP HENGSHENG CHEMICAL FIBRE CO. LTD	TONGKUN GROUP HENGSHENG CHEMICAL FIBRE CO. LTD	225.52	MT	US dollar
3.	5402 47 00	All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY)	Any	People’s Republic of China	People’s Republic of China	WUXI GODSHEEP INDUSTRY & TRADE CO. LTD.	Jiangsu Godsheep Chemical Fibre Co. Ltd.	275.42	MT	US dollar
4	5402 47 00	All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY)	Any	People’s Republic of China	People’s Republic of China	JIANGSU HENGLI CHEMICALS FIBRE CO. LTD	JIANGSU HENGLI CHEMICALS FIBRE CO. LTD	112.64	MT	US dollar
5	5402 47 00	All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY)	Any	People’s Republic of China	People’s Republic of China	Any combination other than at S. No. 1 to 4 above		527.31	MT	USD
6	5402 47 00	All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY)	Any	People’s Republic of China	Any other than People’s Republic of China	Any	Any	527.31	MT	US dollar
7	5402 47 00	All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY)	Any	Any other than subject countries	People’s Republic of China	Any	Any	527.31	MT	US dollar
8	5402 47 00	All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY)	Any	Vietnam	Vietnam	Any	Any	232.86	MT	US dollar
9	5402 47 00	All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY)	Any	Vietnam	Any other than Vietnam	Any	Any	232.86	MT	US dollar
10	5402 47 00	All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY)	Any	Any other than subject countries	Vietnam	Any	Any	232.86	MT	US dollar
11	5402 47 00	All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY)	Any	Thailand	Thailand	INDO POLY (THAILAND) LTD.	INDO POLY (THAILAND) LTD.	283.21	MT	US dollar
12	5402 47 00	All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY)	Any	Thailand	Thailand	Any combination other than at S. No. 11 above		379.74	MT	USD
13	5402 47 00	All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY)	Any	Thailand	Any other than Thailand	Any	Any	379.74	MT	US dollar
14	5402 47 00	All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY)	Any	Any other than subject countries	Thailand	Any	Any	379.74	MT	US dollar

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 25th September, 2009.

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 conferred by 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.354/29/2009 –TRU]

(Unmesh Sharad Wagh)
Under Secretary to the Government of India.

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