CHAPTER 54
Man-made filaments; strip and the like of man-made textile materials [OLDMan-made filaments]
NOTES:
1. Throughout this Schedule, the term ‘ man made fibres’ means staple fibres and filaments of organic polymers produced by manufacturing processes either:
(a) by polymerisation of organic monomers to produce polymers such as polyamides, polyesters, polyolefins or polyurethanes, or by chemical modification of polymers produced by this process (for example, poly(vinyl alcohol) prepared by the hydrolysis of poly(vinyl acetate) ); or
(b) by dissolution or chemical treatment of natural organic polymers (for example, cellulose) to produce polymers such as cuprammonium rayon (cupro) or viscose rayon, or by chemical modification of natural organic polymers (for example, cellulose, casein and other proteins, or alginic acid), to produce polymers such as cellulose acetate or alginates.
The terms "synthetic" and "artificial", used in relation to fibres, mean: synthetic: fibres as defined at (a); artificial : fibres as defined at (b). Strip and the like of heading 5404 or 5405 are not considered to be man-made fibres.
The terms "man-made", "synthetic" and "artificial" shall have the same meaning when used in relation to "textile materials".
(Chapter heading & note 1 has been amended vide Finance Bill 2006 w.e.f. from 01/01/2007)
[OLD1. Throughout this Schedule, the term “man-made fibres” means staple fibres and filaments of organic polymers produced by manufacturing processes, either:
(a) by polymerisation of organic monomers, such as polyamides, polyesters, polyurethanes or polyvinyl derivatives; or
(b) by chemical transformation of natural organic polymers (for example, cellulose, casein, proteins or algae), such as viscose rayon, cellulose acetate, cupro or alginates.
The terms “synthetic” and “artificial”, used in relation to fibres, mean: synthetic: fibres as defined at (a); artificial: fibres as defined at (b).
The terms “man-made”, “synthetic” and “artificial” shall have the same meanings when used in relation to “textile materials”.
]
2. Headings 5402 and 5403 do not apply to synthetic or artificial filament tow of Chapter 55.
EXEMPTION NOTIFICATIONS
For effective rates of duty on specified varieties of woven fabrics of this chapter see Notification No. 14/05-Cus., dt.1.3.2005 under chapter 52.
ANTI-DUMPING DUTY NOTIFICATIONS
Anti dumping duty on Partially Oriented Yarn (POY) of polyesters, originating in, or exported from, Taiwan, Thailand, Indonesia and Malaysia:
[Notfn. No.15/02-Cus., dt. 8.2.2002]
WHEREAS in the matter of import of Partially Oriented Yarn (POY) of polyesters (hereinafter referred to as the subject goods), falling under sub-heading 5402.42 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Taiwan, Thailand, Indonesia and Malaysia, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, data the 30th March, 2001 had come to the conclusion that-
(a) the exporters from Taiwan, Thailand, Indonesia and Malaysia (hereinafter referred to as the subject countries) have been exporting the subject goods below normal value resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the dumped imports of the subject goods from the subject countries;
and the designated authority had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods, originating in, or exported from, the subject contries;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification No.42/2001-Customs, dated the 12th April, 2001, published in Part II, section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 12th April, 2001 vide No.G.S.R.257 (E), dated the 12th April, 2001;
AND WHEREAS, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 4th January, 2002, has come to the conclusion that-
(a) the exporters from the subject countries have been exporting subject goods below normal value resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the dumped imports of the subject goods from the subject countries,-
and the designated authority has considered it necessary to impose anti-dumping duty 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 (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) thereof and rules 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 above findings of the designated authority, hereby imposes on Partially Oriented Yarn (POY) of polyesters, falling under sub-heading 5402.42 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Taiwan, Thailand, Indonesia and Malaysia, and exported by exporters specified in column (2) of the Table annexed hereto, and imported into India, an anti-dumping duty at the rate specified in column (3) of the said Table.
TABLE
| S.No. | Country | Name of the exporter | Anti-dumping duty
(US $ per kg.) |
| (1) | (2) | (3) | (4) |
| 1. | Taiwan | M/s. China Man Made Corporation | 0.284 |
| M/s. Tuntex-Distinct Corporation, Taiwan | 0.392 |
| M/s. Tun Ho Spinning Weaving & Dyeing Co Ltd. Taiwan | 0.215 |
| M/s. Nan Ya Plastics Corporation, Taiwan | 0.370 |
| M/s. Hualon Corporation, Taiwan | 0.438 |
| M/s. Chia Hsin Food & Fibre Co Ltd. | 0.510 |
| Other exporters | 0.593 |
| 2. | Thailand | M/s. Sunflag (Thailand), Ltd. | 0.037 |
| M/s. Tuntex (Thailand) Ltd. | 0.260 |
| M/s. Indo Poly | 0.483 |
| Other exporters | 0.483 |
| 3. | Indonesia | M/s. PT Polysindo Eka Perkasa Tbk | 0.105 |
| M/s. PT GT Petrochem, TBK | 0.441 |
| Other exporters | 0.441 |
| 4. | Malaysia | All exporters | 0.464 |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the data of imposition of the provisional anti-dumping duty, i.e. the 12th April, 2001, 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 subclause (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,
Anti-dumping duty on Acrylic Yarn Originating in or exported from Nepal:
[Notfn. No.74/02-Cus., dt. 24.7.2002 as amended by Notfn. No.127/02-Cus., dt. 15.11.2002]
WHEREAS in the matter of import of Acrylic Yarn, falling under heading 54.02 or 55.09 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Nepal, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th September, 2001, had come to the conclusion that-
(a) Acrylic Yarn had been exported to India from Nepal below its normal value;
(b) the Indian industry had suffered material injury and was being threatened with further injury;
(c) the injury had been caused by the dumped imports from Nepal,-
and the designated authority had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of acrylic yarn, originating in, or exported from, Nepal;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification No. 105/2001-Customs, dated the 10th October, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 10th October, 2001 vide No. G.S.R. 769 (E), dated the 10th October, 2001;
AND WHEREAS, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 2nd July, 2002, has come to the conclusion that-
(a) Acrylic Yarn has been exported from Nepal to India below its normal value;
(b) the Indian industry has suffered material injury on account of price undercutting, price suppression and significant increase in the volume of dumped imports from Nepal and is being threatened with further injury;
(c) the injury has been caused to the domestic industry by the dumped imports from Nepal;
NOW, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act, read with rules 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 above findings of the designated authority, hereby imposes on Acrylic Yarn, falling under heading 54.02 or 55.09 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Nepal, and exported by exporters/producers specified in column (2) of the Table given 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 exporter/producer | Anti-dumping duty
(US$ per kg.) |
| (1) | (2) | (3) |
| 1. | M/S. Reliance Spinning Mills Ltd. | 0.14 |
| 2. | All other exporters/producers | 0.35 |
Provided that nothing contained in this notification shall apply to such Acrylic Yarn, in import of which the exemption under notification No.40/2002-Customs dated the 12th April, 2002 [G.S.R.281 (E) dated the 12th April, 2002] is availed of.
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e., the 10th October, 2001, 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.
Anti-dumping duty on Partially Oriented Yarn (POY) of Polyesters, originating in or exported from Turkey and Korea RP :
[Notfn. No. 97/02-Cus., dt. 12.9.2002]
WHEREAS in the matter of import of Partially Oriented Yarn (POY) of polyesters (hereinafter referred to as ‘the subject goods’), falling under sub-heading 5402.42 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Turkey and Korea RP (hereinafter referred to as ‘the subject countries’), the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd November, 2001, had come to the conclusion that-
(a) the exporters from the subject countries have been exporting the subject goods below normal value resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the dumped imports of the subject goods from the subject countries;
and the designated authority had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods, originating in, or exported from, the subject countries;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification No. 131/2001-Customs, dated the 27th December, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th December, 2001 vide No. G.S.R. 923 (E), dated the 27th December, 2002;
AND WHEREAS, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 16th August, 2002, has come to the conclusion that-
(a) the exporters from the subject countries have been exporting the subject goods below normal value resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the dumped imports of the subject goods from the subject countries;
NOW, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act, read with rules 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 above findings of the designated authority, hereby imposes on Partially Oriented Yarn (POY) of polyesters, falling under sub-heading 5402.42 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Turkey and Korea RP, and exported by exporters/producers specified in column (2) of the Table given 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
| Name of the Country | Name of the exporter | Anti dumping duty
(US $ per kg.) |
| (1) | (2) | (3) |
| Turkey | M/s. SASA Dupont Sabanci Polyester AS, Turkey
M/s. Korteks Mensucat Sabatu Ve Ticaret AS, | 0.434 |
| Turkey, (Korteks) | 0.360 |
| Other exporters | 0.546 |
| Korea RP | All exporters | 0.605 |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e., the 27th December, 2001, 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 subclause (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.
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