Customs
Notification No-
114/2004 dated 21.12.2004
Anti-dumping duty on import of acrylic fibre
G.S.R. (E). - Whereas, the designated authority, in the matter of
import of acrylic fibre, ranging from 1.5 denier to 8.0 denier and falling under
Chapter 55 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
(hereinafter referred to as the subject goods), originating in or exported from,
Japan, Spain, Portugal or Italy, vide notification No. 15/4/2003-DGAD, dated the
3rd September, 2003, published in Part I, Section 1 of the Gazette of India,
Extraordinary, dated the 4th September, 2003, has initiated review in the matter
of continuation of anti-dumping duty on the subject goods imposed vide
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 8/99-Customs, dated the 22nd January, 1999;
And whereas
the Central Government has extended the antidumping duty on the subject goods
vide Notification No. 158/2003-Customs dated the 22nd October 2003 [G.S.R.834
(E), dated the 22nd October 2003] upto and inclusive of 16th November
2004;
And whereas the designated authority vide its review findings vide
notification No. 15/4/2003-DGAD, dated the 10th November, 2004 published in the
Gazette of India, Extraordinary, Part I, Section 1 dated the 10th November 2004,
has concluded that-
(i) the dumping margins of the subject goods imported from
Spain, Italy and Japan are substantial and above de minimus;
(ii) there
is no likelihood of dumping to continue or recur from Italy, Portugal and
Spain if the duties are revoked. However, there is a likelihood of dumping to
continue or recur from Japan if the duties are revoked;
(iii) though
the domestic industry suffers marginal material injury at present the cause of
the current injury is overwhelmingly the dumped imports from other sources not
attracting duty at present;
(iv) injury to domestic industry is not
likely to continue or recur if the duties are revoked in respect of imports
from Spain, Portugal and Italy. However, injury to the domestic industry is
likely to continue or recur if the duties are revoked in respect of imports
from Japan;
and has recommended revocation of anti-dumping duty in respect of
imports of subject goods from Spain, Portugal and Italy, and has recommended
continuation of the anti-dumping duty, at the rate specified in respect of
imports of subject goods from Japan, in order to remove the injury to the
domestic industry;
Now, therefore, in exercise of the powers conferred by
sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of
1975) read with rules 18 and 23 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, after considering
the aforesaid review 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 items 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 countries
as specified in the corresponding entry in column (5), and exported from the
countries as specified in the corresponding entry in column (6), and produced by
the producers as specified in the corresponding entry in column (7), and
exported by the exporters as specified in the corresponding entry in column (8),
and imported into India, an anti-dumping duty which shall be equivalent to
difference between the amount mentioned in the corresponding entry in column (9)
in the currency as specified in the corresponding entry in column (11) and as
per unit of measurement as specified in the corresponding entry in column
(10),of the said Table and the landed value of such imported goods in like
currency per like unit of measurement.
Table
| S.No | Tariff item | Description of Goods | Specifi-cation | Country of origin | Country of Export | Producer | Exporter | Amo-unt | Unit | Curr-ency |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
| 1. | 55013000, 55033000 | Acrylic fibre, both in shrinkable and non-shrinkable form, covering tow, top and staple fibres | ranging from 1.5 Denier to 8 Denier | Japan | Any | Any | Any | 1681 | MT | US Dollar |
| 2. | 55013000, 55033000 | Acrylic fibre, both in shrinkable and non-shrinkable form, covering tow, top and staple fibres | ranging from 1.5 Denier to 8 Denier | Any | Japan | Any | Any | 1681 | MT | US Dollar |
2. The anti-dumping duty imposed under this notification shall be
payable in Indian currency.
Explanation.- For the purposes of this
notification, -
(a) "landed value" means the assessable value as
determined under the Customs Act, 1962 (52 of 1962) and includes all duties of
customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said
Customs Tariff Act; and
(b) 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 sub-clause (i) of clause (a) of sub-section (3) of section 14 of
the said Customs Act, 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.354/133/98-TRU]
(V. Sivasubramanian)
Deputy Secretary to the Government of
India
