Another Five Years for Anti-dumping Duty on FD Polyester Yarn from China, Thailand and Vietnam

[Customs Notification No. 124 dated 11th November 2009]

Whereas, in the matter of import of All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non-POY) (hereinafter referred to as the subject goods), falling under sub-heading 5402 47 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), originating in, or exported from, the People’s Republic of China, Thailand and Vietnam (hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No.14/3/2008-DGAD dated the 23rd January, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th January, 2009, had come to the conclusion that-

(a)  the subject goods had been exported to India from the subject countries below their normal value;

(b)  the domestic industry had suffered material injury; and

(c)  the injury had been caused by the dumped imports from the subject countries;

and had recommended imposition of provisional anti-dumping duty on the imports of 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 provisional anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 29/2009-Customs, dated 26th March, 2009, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.201 (E), dated the 26th March, 2009;

And whereas, the designated authority in its final findings vide notification No. 14/3/2008-DGAD dated the 29th September, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th October, 2009, had come to the conclusion that-

(a)  The subject goods had been exported to India from the subject countries below their normal value;

(b)  The domestic industry had suffered material injury;

(c)  The injury had been caused by the dumped imports from subject countries.

and had recommended the imposition of definitive anti-dumping duty on 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), read with sub-section (5) of section 9A of the said Customs Tariff Act, 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 aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under subheading 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), originating in the country as specified in the corresponding entry in column (5), when exported from the country as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount indicated 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. 

Table.

SNo.

Sub heading

Description of Goods

Specification

Country of origin

Country of Export

Producer

Exporter

Duty Amount

Unit of Measure-ment

Currency

1

2

3

4

5

6

7

8

9

10

11

1

5402 47

All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non –POY)

Any

China PR

China PR

TONGKUN GROUP CO.LTD.

TONGKUN GROUP CO.LTD.

240

Metric tonne

US Dollar

2

5402 47

All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non –POY)

Any

China PR

China PR

TONGKUN GROUP HENGSHENG CHEMICAL FIBRE CO.LTD

TONGKUN GROUP HENGSHENG CHEMICAL FIBRE CO.LTD

247

Metric tonne

US Dollar

3

5402 47

All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non –POY)

Any

China PR

China PR

JIANGSU HENGLI CHEMICALS FIBRE CO.LTD

JIANGSU HENGLI CHEMICALS FIBRE CO.LTD

256

Metric tonne

US Dollar

4

5402 47

All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non –POY)

Any

China PR

China PR

Any other than combination at Serial number 1 to 3 above

547

Metric tonne

US Dollar

5

5402 47

All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non –POY)

Any

China PR

Any other than China PR

Any

Any

547

Metric tonne

US Dollar

6

5402 47

All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non –POY)

Any

Any country other than countries attracting anti dumping duties

China PR

Any

Any

547

Metric tonne

US Dollar

7

5402 47

All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non –POY)

Any

Vietnam

Vietnam

Any

Any

350

Metric tonne

US Dollar

8

5402 47

All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non –POY)

Any

Vietnam

Any other than Vietnam

Any

Any

350

Metric tonne

US Dollar

9

5402 47

All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non –POY)

Any

Any country other than countries attracting anti dumping duties

Vietnam

Any

Any

350

Metric tonne

US Dollar

10

5402 47

All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non –POY)

Any

Thailand

Thailand

Indorama Polyester Industries Public Company Limited (formerly Indo Poly (Thailand) Ltd.)

Indorama Polyester Industries Public Company Limited (formerly Indo Poly (Thailand) Ltd.)

80

Metric tonne

US Dollar

11

5402 47

All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non –POY)

Any

Thailand

Thailand

Any other than combination at Serial number 10 above

490

Metric tonne

US Dollar

12

5402 47

All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non –POY)

Any

Thailand

Any other than Thailand

Any

Any

490

Metric tonne

US Dollar

13

5402 47

All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non –POY)

Any

Any country other than countries attracting anti dumping duties

Thailand

Any

Any

490

Metric tonne

US Dollar

2.   The anti-dumping duty imposed shall be levied for a period of five years (unless revoked, superseded or amended earlier) from the date of imposition of the provisional anti-dumping duty, that is, 26th March, 2009 and shall be payable in Indian currency.

Explanation: For the purposes of this notification, 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.

[F.No.354/29/2009 –TRU]