Eximkey - India Export Import Policy 2004 2013 Exim Policy

Notification No.102/2000-Customs dated the 18th July, 2000

G.S.R.(E) - WHEREAS in the matter of import of Acrylic Fibre, including two and tops, falling under Chapter 55 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from, Taiwan, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th November, 1999, has come to the conclusion that -

(a) Acrylic Fibre originating in or exported from Taiwan, has been exported to India below normal value, resulting in dumping;

(b) the Indian industry has suffered material injury;

(c) the injury has been caused cumulatively by the imports from the subject country;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government has imposed anti-dumping duty on said Acrylic Fibre including and tops, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 3/2000-Customs, dated the 12th January, 2000 [G.S.R. 33 (E), dated the 12th January, 2000] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 12th January, 2000 (hereinafter referred to as the provisional duty).

AND WHEREAS the designated authority vide notification No. 27/1/99-DGAD, dated the 11th July, 2000, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 11th July, 2000, has in its final finding concluded that -

(a) Acrylic Fibre originating in or exported from Taiwan has been exported to India below its normal value;

(b) the domestic industry has suffered material injury;

(c) the injury has been caused to the domestic industry by the dumping of the subject goods originating in or exported from imports from Taiwan.

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act read with rule 18 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 final findings of the designated authority, hereby imposes on the said Acrylic Fibre including tow and tops, falling under Chapter 55 of the First Schedule to the said Customs Tariff Act, originating in or exported from Taiwan, when exported by the company or exporter mentioned in column (2) of the Table below, and imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (3) of the said Table.

 TABLE _______________________________________________________________________________________ S.No. Name of the Company or Exporter Amount of anti-dumping duty (in US $ per kg.) _______________________________________________________________________________________ (1) (2) (3) _______________________________________________________________________________________ 1. M/s Formosa Plastics Corporation 0.140 _______________________________________________________________________________________ 2. Any other exporters 0.240 _______________________________________________________________________________________
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional duty, i.e. the 12th January, 2000.

Explanation:-
For the purposes of this notification, the anti-dumping duty shall be paid in Indian currency. The "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 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 Govt. of India

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