CHAPTER 55
Man-made staple fibres
NOTE :
Headings 5501 and 5502 apply only to man-made filament tow, consisting of parallel filaments of a uniform length equal to the length of the tow, meeting the following specifications :
(a) length of tow exceeding 2 m;
(b) twist less than 5 turns per metre;
(c) measuring per filament less than 67 decitex;
(d) synthetic filament tow only: the tow must be drawn, that is to say, be incapable of being stretched by more than 100% of its length;
(e) total measurement of tow more than 20,000 decitex.
Tow of a length not exceeding 2 m is to be classified in heading 5503 or 5504.
EXEMPTION NOTIFICATIONS
For effective rates of duty on specified Varieties of woven fabrics of this Chapter see Notfn. 14/05-Cus., dt.1.3.2005 under chapter 52.
ANTI-DUMPING DUTY NOTIFICATIONS
Anti-dumping duty on Acrylic Fibre, originating in or exported from Mexico :
[Notfn. No. 94/99-Cus. dt. 16.7.1999]
WHEREAS in the matter of import of Acrylic fibre, including tow and tops, ranging from 1.5 denier to 8.0 denier and and falling under Chapter 55 of the First Schedule of the Customs Tariff Act, 1975, (51 of 1975), originating in, or exported from, Mexico, the Designated Authority, vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th April, 1999, had come to the conclusion that-
(a) Acrylic fibre originating in, or exported from, Mexico, has been exported to India below normal value, resulting in dumping.
(b) the Indian industry has suffered material injury;
(c) injury has been caused by 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 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 64/99-Customs, dated the 14th May, 1999 [G.S.R. 351 (B), dated the 14th May, 1999] published in Part II, Section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 14th May, 1999 (hereinafter referred to as the provisional duty);
AND WHEREAS the Designated Authority vide Notification No. 21/1/98-DGAD, published in Part I, Section 1 of the Gazette of India, Extraoridinary, dated the 25th June, 1999, has in its final findings concluded that-
(a) Acrylic fibre has been exported from Mexico to India below normal value resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) the casual link between dumping and injury is established;
Now, therefore, in exercise of the powers conferred by sub-section (1) 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 after considering the aforesaid final findings of the Designated Authority, hereby imposes on acrylic fibre, including tow and tops, ranging from 1.5 denier to 8.0 denier and falling under Chapter 55 of the First Schedule to the said Customs Tariff Act, when originating in, or exported from, Mexico, by any exporter, and imported into India, an antidumping duty which shall be equivalent to the difference between the amount of Rs. 83.70 (Rupees eightly three the paise seventy) per kg., and the landed value of acrylic fibre per kg.
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 14th May, 1999.
Explanation. - For the purpose of this notification, "landed value" means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties of Customs levied under sections 3, 3A, 8B, 9 or Sections 9A, as the case may be, of the said Customs Tariff Act.
Anti-dumping duty on Acrylic Fibre, originating in or exported from Turkey :
[Notfn. No. 64/00-Cus. dt. 15.5.2000]
WHERE AS in the matter of import of Acrylic fibre falling under heading, Nos. 55.01 and 55.03 of the First Schedule in the Customs Tariff Act. 1975 (51 of 1975), originating in or exported from Turkey, the designated authority, vide its preliminary findings, published in the Gazette of India Extraordinary, Part I, Section 1, dated the 15th October, 1999, had come to the conclusion that-
(a) Acrylic Fibre originating in, or exported from Turkey, 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 by the imports from the subject country.
AND WHEREAS on the basis of the aforesaid findings of the designed authority, the Central Government has imposed anti-dumping duty vide notification of the Government of the India in the Ministry of Finnance (Department of Revenue) No 125/99-Customs, dated the 15th November, 1999 [G.S.R. 773(E), dated the 15th November, 1999] published in Part II, Section 3, sub-section (1) of the Gazette of India, Extraordinary, dated the 15th November, 1999 (hereinafter referred to as the provisional duty).
AND WHEREAS the designed authority vide notification No. 30/1/98-DGAD, dated the 24th March, 2000, published in part 1, section 1 of the Gazette of India Extraordinary, dated the 24th March, 2000, has in its final findings concluded that-
(a) Acrylic Fibre originating in, or exported from Turkey, has been exported to india below normal value, resulting in dumping;
(b) the domstic industry has suffered injury;
(c) the injury has been caused by imports from the subject country,
NOW, THEREFORE, in exercise of the powers, conferred by sub section (1) of section 9A of the said Customs Tarriff Act read with rules 18 and 20 of the Customs Tarriff (Identification, Assessment and Collection of Antidumping 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 Acrylic Fibre falling under sub heading Nos. 5501.30 and 5503.30 of the First Schedule of the said Customs Tariff Act, when originating in, or exported from Turkey by the exporters specified in column (2) of the Table hereto annexed 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 Producer/Exporter | Amount of duty (Rupees per kg.) |
| (1) | (2) | (3) |
| Turkey | M/s. AKSA Akrilik Kimya Sanayi Corp., PK. 115 Yalova | 9.6 |
| M/s. Yulova Elayf or any other producer/exporter | 16.41 |
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 15th November, 1999.
Anti-dumping duty on Acrylic Fibre, originating in or exported from Taiwan :
[Notfn. No. 102/00-Cus. dt. 18.7.2000]
WHEREAS in the matter of import of Acrylic Fibre, including tow and tops, falling under Chapter 55 of the First Scheudule 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 tow 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, has in its final findings 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 expeorted 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 rules 18 and 20 of the Customs Tariff (Identification, Assessment, and Collection of Antidumping 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 anty-dumping duty (in US $ per kg.) |
| (1) | (2) | (3) |
| 1. | M/s. Formosa Plastics Corporation | 0.140 |
| 2. | Any other exporter | 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 Goverment 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.
For Anti-Dumping duty on Acrylic Yarn falling under heading 55.09, originating in or exported from Nepal - see Notfn. No. 74/02-Cus. dt. 24.7.2002 as amended under Chapter 54.
Anti-dumping duty on Acrylic Fibre, originating in or exported from Italy:
[Notfn. No. 95/02-Cus. dt. 12.9.2002]
WHEREAS in the matter of import of Acrylic Fibre, below 1.5 denier (1.65 DX), falling under sub-heading 5501.30 or 5503.30 of the First Schedule to the Customs Tariff Act, 1975, (51 of 1975) originating in, or exported from, Italy, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 6th December, 2001, had come to the conclusion that-
(a) Acrylic Fibre has been exported to India from Italy below its normal value;
(b) the domestic injury has suffered injury;
(c) the material injury has been caused by the dumped imports from Italy;
and the designated authority has considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of Acrylic Fibre, below 1.5 denier (1.65DX), originating in, or exported from, Italy;
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.4/2002-Customs, dated the 10th January, 2002, published in Part II, Section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 10th January, 2002 vide No.G.S.R. 19(E), dated the 10th January, 2002;
AND WHEREAS, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 12th August, 2002, has come to the conclusion that-
(a) Acrylic Fibre (below 1.5. denier) has been exported to India from Italy below its normal value;
(b) the Indian industry has suffered injury;
(c) the injury has been caused by the dumped imports from Italy;
NOW, therefore, in exercise of the powers conferred by sub-section (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 Antidumping 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 Fibre, below 1.5 denier (1.65 DX), falling under sub-heading 5501.30 or 5503.30 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Italy, 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 | Antidumping duty
(US $ per kg.) |
| (1) | (2) | (3) |
| Italy | Montefibre, Italy | 0.32 |
| All other exporters/producers | 0.41 |
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 January, 2002, 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 Fibre, originating in or exported from U.K, Germany, Bulgaria and Brazil:
[Notfn. No. 104/02-Cus. dt. 9.10.2002]
WHEREAS in the matter of import of Acrylic Fibre (hereinafter referred to as the subject goods), falling under sub-heading 5501.30 or 5503.30 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, UK, Germany, Bulgaria and Brazil (hereinafter referred to as subject countries), the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th December, 2001, had come to the conclusion that-
(a) the subject goods have been exported to India from subject countries below its normal value;
(b) the domestic industry has suffered material injury;
(c) the material injury has been caused by the dumped imports from 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 on the subject goods vide notification No. 133/2001- Customs, dated the 31st December, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 31st December, 2001 vide No. G.S.R. 930 (E), dated the 31st December, 2001;
AND WHEREAS, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 27th August, 2002, has come to the conclusion that-
(a) the subject goods have been exported to India from subject countries below its normal value;
(b) the Indian industry has suffered injury;
(c) the injury has been caused by the dumped imports 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 Acrylic Fibre, falling under sub-heading 5501.30 or 5503.30 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries specified in the column (1) of the Table given below, and exported by exporters/producers specified in column (2) of the said Table, and imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (3) of the said Table.
Table
| Country | Name of the exporter | Anti-dumping duty
(US $ per kg.) |
| (1) | (2) | (3) |
| UK | All producers/exporters | 0.33 |
| Germany | All producers/exporters | 0.14 |
| Bulgaria | All producers/exporters | 0.38 |
| Brazil | All producers/exporters | 1.03 |
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 31st 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 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 Acrylic Fibre, Originating in or exported from U.S.A, Korea R.P and Thailand:v
[Notfn. No. 106/02-Cus. dt. 9.10.2002]
WHEREAS, the designated authority, vide notification published in the Gazette of India, Extraordinary, No. 26/1/2001-DGAD, dated the 7th August, 2001, Part I, Section 1, had initiated sunset review in the matter of continuation of anti-dumping duty imposed vide notification No. 72/2001-Customs, dated the 28th June, 2001 on Acrylic Fibre falling under Chapter 55 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, USA, Korea RP and Thailand, and had also requested for suitable extension of anti-dumping duty, pending the results of investigations;
AND WHEREAS the Central Government has extended the anti-dumping duty imposed on Acrylic Fibre, falling under Chapter 55 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, USA, Korea RP and Thailand vide the said notification No. 72/2002-Customs, dated the 28th June, 2001 as amended vide notification No. 42/2002-Customs, dated the 12th April, 2002 [G.S.R. 283 (E), dated the 12th April, 2002], upto and inclusive of 24th October, 2002;
AND WHEREAS the designated authority, vide its findings in sunset review, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th August, 2002, has come to the conclusion that –
(a) Acrylic Fibre has been exported from the subject countries to India below its normal value;
(b) the domestic industry is suffering injury;
(c) the injury may intensify if anti-dumping duty is removed;
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 rule 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, hereby imposes on the said Acrylic Fibre falling under Chapter 55 of the First Schedule to the said Customs Tariff Act, when originating in, or exported from, the countries specified in column (2) of the Table hereto annexed, by the exporters mentioned in the corresponding entry in column (3) of the said Table and imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (4) of the said Table.
Table
| S.No. | Name of the Country | Name of the Exporter | Amount of duty
(US $ per kg.) |
| (1) | (2) | (3) | (4) |
| 1. | USA | All Exporters | 0.366 |
| 2. | Korea RP | All Exporters | 0.225 |
| 3. | Thailand | M/s. Thai Acrylic Fibre Co. Ltd. | 0.16 |
| | Other | Exporters | 0.313 |
PROVIDED that no anti-dumping duty shall be imposed on Homopolymer Acrylic Fibre, falling under Chapter 55 of the First Schedule to the said Customs Tariff Act, containing 100 per cent. Acrylonitrile, when originating in, or exported from, the countries specified in column (2) of the above Table and imported into India, if the price of such imported Homopolymer Acrylic Fibre is equal to or higher than US $ 2.40 per kilogram CIF (cost, insurance and freight), subject to a variation of 5 per cent. in the said CIF value.
2. The anti-dumping duty shall be paid in Indian currency.
Explanation. –For the purposes of this notification, 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 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.
Anti-dumping duty on acrylic fibre both in shrinkable and non-shrinkable form covering tow, top and stale fibres originating in or exported from Japan.
[Notifn. No.114/04-Cus. dt.21.12.2004]
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 1 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 column (10), of the said Table and the landed value of such imported goods in like currency per like unit of measurement.
Table
| Sl. No. | Tariff Item | Description of Goods | Specifi-cation | Country of origin | Country of Export | Produ-cer | Exporter | Amount | Unit | Currency |
| (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.
Anti-dumping duty on acrylic fibre originating in or exported from Belarus
[Notfn. No.117/04-Cus, dt. 30.12.2004]
Whereas in the matter of import of acrylic fibre in all deniers (hereinafter referred to as the subject goods), falling under Chapter 55 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in or exported from Belarus (hereinafter referred to as the subject country), the designated authority vide its final findings notification No. 14/5/2003-DGAD, dated the 7th December 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th December 2004, has come to the conclusion that –
(i) acrylic fibre has been exported to India from the subject country below the normal value;
(ii) the domestic industry has suffered material injury;
(iii) the material injury has been caused by the dumped imports from the subject country;
and has recommended the imposition of definitive antidumping duty on all imports of the subject goods, originating in, or exported from, Belarus;
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 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, 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 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 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, and the landed value of such imported goods in like currency per like unit of measurement.
Table
| Sl. No. | Tariff Item | Goods | Specifi-cation | Country of origin | Country of Export | Producer | Exporter | Amount | Unit | Currency |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
| 1. | 55013000, 55033000 | Acrylic fibre | All deniers | Belarus | Any | Any | Any | 1681.35 | MT | US Dollars |
| 2. | 55013000, 55033000 | Acrylic fibre | All deniers | Any | Belarus | Any | Any | 1681.35 | MT | US Dollars |
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.
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