Another Five Years of Anti-dumping Duty
on Flax Fabric from China and Hong Kong
[Customs
Notification No. 142 dated 21st December 2009]
Whereas, in the matter of import of Flax Fabric (hereinafter referred to
as the subject goods), falling under sub-heading 5309 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, People’s Republic of
China and Hong Kong(hereinafter referred to as the subject countries) and
imported into India, the designated authority in its preliminary findings vide
notification No.14/08/2008-DGAD dated the 17th February, 2009, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 17th February,
2009, had come to the conclusion that-
(a) the margin of dumping in
respect of each of the subject country was more than two per cent. and the
volume of imports from each country was also more than three per cent.;
(b) the subject goods had been
imported from the subject countries under the same tariff classification;
(c) the imported subject goods
were commercial substitutes of the domestically produced Flax fabric; and
1.
the designated authority holds that it was
appropriate to cumulatively assess the effect of imports of the subject goods
on the domestically produced like article in the light of conditions of
competition between the imported products and the like domestic product;
and had recommended imposition of provisional anti-dumping duty on
imports of the subject goods, originating in, or exported, from the subject
country;
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. 30/2009-Customs, dated the 26th March,
2009, published in the Gazette of India Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R.202(E), dated the 26th March, 2009;
And whereas, the designated authority in its final findings vide
notification No. 14/08/2008-DGAD dated the 1st October, 2009, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 1st October,
2009, has come to the conclusion that-
i.
Imports originating in the subject
countries are taking place at dumped prices and the same have caused material
injury to the domestic industry.
ii.
Subject goods exported from the subject
countries are at prices below their normal value, Non Injurious Price of the
domestic industry and the net sales realisation of the subject goods of the
applicants, and have caused injury to the domestic industry.
iii.
Decline in market share of domestic
industry as a consequence of increase in market share of subject imports from
the subject countries prevented the domestic industry from increasing their
sales commensurate to growth in demand.
iv.
Significant price-undercutting and
substantial increase in the volume of dumped imports adversely affected the
performance of the domestic industry in terms of profits, cash flow, and return
on investment.
v.
Significant increase in volume of
dumped imports from the subject countries (both in absolute terms as well as in
relation to the share in demand) has resulted in significant decline in market
share of the domestic industry.
and has recommended the imposition of definitive anti-dumping duty on
imports of the subject goods originating in, or exported, from the subject
country;
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 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 the subject goods,
the description of which is specified in column (3) of the Table below, falling
under the said sub-heading of the First Schedule to the said Customs Tariff Act
as specified in the corresponding entry in column (2), originating in the
country as specified in the corresponding entry in column (4), and produced by
the producer as specified in the corresponding entry in column (6), when
exported from the country as specified in the corresponding entry in column
(5), by the exporter as specified in the corresponding entry in column (7), and
imported into India, an anti-dumping duty at a rate which is equivalent to
difference between the amount mentioned in the corresponding entry in column
(8), in the currency as specified in the corresponding entry in column (10) and
as per unit of measurement as specified in the corresponding entry in column
(9), of the said Table and the landed value of imported goods in like currency
as per like unit of measurement.
|
Table |
|||||||||
|
SNo |
Sub-heading |
Description of
Goods |
Country of Origin |
Country of Export |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1 ) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10 ) |
|
2 |
5309 |
Flax fabric |
People’s Republic
of China |
People’s Republic
of China |
Any |
Any |
206.24 |
Meter |
Rupee |
|
3 |
5309 |
Flax fabric |
People’s Republic
of China |
Any |
Any |
Any |
206.24 |
Meter |
Rupee |
|
4 |
5309 |
Flax fabric |
Any |
People’s Republic
of China |
Any |
Any |
206.24 |
Meter |
Rupee |
|
5 |
5309 |
Flax fabric |
Hong kong |
Hong kong |
Any |
Any |
209.72 |
Meter |
Rupee |
|
6 |
5309 |
Flax fabric |
Hong kong |
Any |
Any |
Any |
209.72 |
Meter |
Rupee |
|
7 |
5309 |
Flax fabric |
Any |
Hong kong |
Any |
Any |
209.72 |
Meter |
Rupee |
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,-
(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, 8B, 9 and
9A of the said Customs Tariff Act, 1975;
(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 conferred by 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.
[F.No.354/62/2009 –TRU]