Provisional
Duty on Chinese Circular Weaving Machines for Sacks and Bags
[Customs
Notification No. 49 dated 12th April 2010]
Whereas,
in the matter of import of circular weaving machines having six or more
shuttles for weaving PP/HDPE fabrics of a width exceeding 30 cms. (hereinafter referred as the subject goods), falling
under Heading 8446 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975) and originating in, or exported from the People’s Republic of China
(China PR), (hereinafter referred to as the subject country) into India, the
Designated Authority, in its preliminary findings vide notification No. 14/25/2008-DGAD
dated the 16th February, 2010 published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 16th February, 2010, had come to the conclusion
that–
(a) the subject goods had entered the Indian market from the
subject country at prices less than their normal values in the domestic market
of the exporting country;
(b) the dumping margins of the subject goods imported from the
subject country are substantial and above de minimis;
(c) the
domestic industry had suffered material injury and the injury had been caused
to the domestic industry, both by volume and price effect of dumped imports of
the subject goods originating in or exported from the subject country; and
had recommended imposition of provisional anti-dumping duty on all imports
of the subject goods originating in, or exported from, the subject country;
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
preliminary findings of the designated authority, hereby imposes on the goods,
the description of which is specified in column (2) of the Table below, falling
under the said Heading of the First Schedule to the said Customs Tariff Act as
specified in the corresponding entry in column (1), originating and/ or
exported from in the country as specified in the corresponding entry in column
(3), and produced by the producers as specified in the corresponding entry in
column (4), exported by the exporters as specified in the corresponding entry
in column (5), and imported into India, an anti-dumping duty which shall be
equal to the amount specified in the corresponding entry in column(6), in the
currency as specified in the corresponding entry in column (8) and per unit of
measurement as specified in the corresponding entry in column (7) of the said
Table.
|
Table |
|||||||
|
Tariff Head |
Description of goods |
country of origin or country of export |
Producer |
Exporter |
Duty Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
|
8446.21, 8446 21 90, 8446.29, 8446 29 00 |
Circular weaving machines having six or more
shuttles for weaving PP/ HDPE fabrics of a width exceeding 30 cms |
China PR |
Any combination of exporter and producer |
1193 |
Per machine |
US Dollar |
|
2. The anti- dumping imposed under this notification
shall be effective upto and inclusive of the 11th day
of October, 2010, 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. 354/31/2010-TRU]