Anti-dumping on
Mulberry Raw Silk from China to Continue for Five More Years
Ntfn 05 Whereas,
the designated authority
06.01.2009 vide notification No. 15/12/2007-DGAD,
dated
the 14th December, 2007, published in Part I, Section 1 of the
Gazette of India, Extraordinary, dated the 14th December, 2007, had
initiated review, in terms of sub-section (5) of section 9A of the Customs
Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Act) and in
pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection
of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995 (hereinafter referred to as the said rules), in the matter of continuation
of anti-dumping duty on Mulberry raw silk (not thrown), 2A grade and below
(hereinafter referred to as the subject goods), falling under tariff item 5002
00 10 of the said Act, originating in, or exported from the People’s Republic
of China (hereinafter referred to as the subject country), imposed vide notification
of the Government of India in the Ministry of Finance (Department of Revenue),
No.106/2003-Customs, dated the 10th July, 2003, published in Part
II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary vide number G.S.R.537(E), dated the 10th July, 2003;
And whereas, the Central Government had extended the
anti-dumping duty on the subject goods, originating in, or exported from, the
subject country upto and inclusive of the 1st
January, 2009, vide notification of the Government of India, in the
Ministry of Finance (Department of Revenue), No.01/ 2008-CUSTOMS, dated the 1st
January, 2008, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide
number G.S.R.4 (E), dated the 1st
January, 2008, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 1st
January, 2008;
And whereas, in the matter of review of anti-dumping on
import of the subject goods, originating in, or exported from, the subject
country, the designated authority vide its final findings No.
15/12/2007-DGAD, dated the 11th December, 2008, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 11th
December, 2008, had come to the conclusion that-
(a) subject goods originating in or exported from the subject
country had been exported to India below their normal value, resulting in
dumping; and
(b) in the event of discontinuation of anti-dumping duties on
the subject goods from the subject country, dumping was likely to continue from
the subject country leading to the continuation and recurrence of injury to the
domestic industry;
and had
recommended continued imposition of definitive anti-dumping duty against the
subject goods, originating in, or exported from, the subject country in order
to remove injury to the domestic industry;
Now, therefore, in exercise of the powers conferred by
sub-sections (1) and (5) of section 9A of the said Act, read with rule 23 of
the said rules, the Central Government, on the basis of the aforesaid final
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 item of the First Schedule to the said Act as specified in the
corresponding entry in column (2), the specification of which is specified in
column (4), originating in the country as specified in the corresponding entry
in column (5), and produced by the producer as specified in the corresponding
entry in column (7), when exported from the country as specified in the
corresponding entry in column (6), by the exporter as specified in the
corresponding entry in column (8), and imported into India, an anti-dumping
duty at a rate which is equivalent to the difference between the amount as
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
S. No |
Tariff item |
Description of goods |
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measurement |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
1. |
5002 00 10 |
Mulberry raw silk (Not thrown) |
2A grade and below |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
37.32 |
kilogram |
US dollar |
2. |
5002 00 10 |
Mulberry raw silk (Not thrown) |
2A grade and below |
People’s Republic of China |
Any country other than People’s Republic of China |
Any |
Any |
37.32 |
kilogram |
US dollar |
3. |
5002 00 10 |
Mulberry raw silk (Not thrown) |
2A grade and below |
Any country other than People’s Republic of China |
People’s Republic of China |
Any |
Any |
37.32 |
kilogram |
US dollar |
2. The
anti-dumping duty imposed under this notification shall be effective for a
period of five years (unless revoked, superseded or amended earlier) and shall
be paid 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;
(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 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;
and
(c) the grading of
Mulberry raw silk (not thrown) shall be as per the internationally accepted
grades approved by the International Silk Association.
[F.No.354/224/2002-TRU]