CHAPTER 58

Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery

NOTES :

1. This Chapter does not apply to textile fabrics referred to in Note 1 to Chapter 59, impregnated, coated, covered or laminated, or to other goods of Chapter 59.

2. Heading 5801 also includes woven weft pile fabrics which have not yet had the floats cut, at which stage they have no pile standing up.

3. For the purposes of heading 5803, “gauze” means a fabric with a warp composed wholly or in part of standing or ground threads and crossing or doup threads which cross the standing or ground threads making a half turn, a complete turn or more to form loops through which weft threads pass.

4. Heading 5804 does not apply to knotted net fabrics of twine, cordage or rope, of heading 5608.

5. For the purposes of heading 5806, the expression “narrow woven fabrics” means:

(a) woven fabrics of a width not exceeding 30 cm, whether woven as such or cut from wider pieces, provided with selvedges (woven, gummed or otherwise made) on both edges;

(b) tubular woven fabrics of a flattened width not exceeding 30 cm; and

(c)bias binding with folded edges, of a width when unfolded not exceeding 30 cm.

Narrow woven fabrics with woven fringes are to be classified in heading 5808.

6. In heading 5810, the expression “embroidery” means, inter alia, embroidery with metal or glass thread on a visible ground of textile fabric, and sewn appliqué work of sequins, beads or ornamental motifs of textile or other materials. The heading does not apply to needlework tapestry (heading 5805).

7. In addition to the products of heading 5809, this Chapter also includes articles made of metal thread and of a kind used in apparel, as furnishing fabrics or for similar purposes.

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EXEMPTION NOTIFICATIONS

For effective rates of duty on specified fabrics of this chapter - see Notifn. No.14/05-Cus., dt. 1.3.2005 under chapter 52.

ANTI DUMPING DUTY NOTIFICATION

Anti-dumping on narrow woven fabrics originating in or exported from PR China and Chinese Taipei

[Notfn. No. 8/05-Cus., dt. 14.2.2005]

Whereas, in the matter of import of narrow woven fabrics (also known as hook and look tape fasters or Velcro tapes) (hereinafter referred to as the subject goods), falling under Chapter 58 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in or exported from Peoples Republic of China and Chinese Taipei (hereinafter referred to as the subject countries), the designated authority vide its preliminary findings notification No. 14/24/2003-DGAD, dated the 10th January 2005, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th January 2005, has come to the conclusion that –

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

(ii) the domestic industry has suffered material injury;

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

and has recommended to impose provisional anti dumping duties, pending final determination, 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 (2) of section 9A of the said Customs Tariff Act, 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 chapter 58 of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries specified in the corresponding entry in column (5), and exported from the countries specified in the corresponding entry in column (6) and produced by the producers specified in the corresponding entry in column (7) and exported by the exporters 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.	Heading	Description of goods	Specifi-cation	Country of origin	Country of Export	Producer	Exporter	Refe-rence price	Unit of mea-sure-ment	Curr-ency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	5806	Narrow woven farics	Any Specifi-cation	Any country	Chinese Taipei	Any	Any	7.61	Kg.	US Dollar
2.	5806	Narrow woven farics	Any Specifi-cation	Chinese Taipei	Any	Any	Any	7.61	Kg.	US Dollar
3.	5806	Narrow woven farics	Any Specifi-cation	Any	China PR	Any	Any	8.02	Kg.	US Dollar
4.	5806	Narrow woven farics	Any Specifi-cation	China PR	Any	Any	Any	8.02	Kg.	US Dollar

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 13th day of August 2005 and 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 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

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