Another Five Years for Acrylic Fibre from Japan and Belarus

[Customs Notification No. 85 dated 30th August 2010]

Whereas, the designated authority, vide its notification No. 15/34/2008-DGAD, dated 6th July, 2009 published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 7th July, 2009, had initiated sunset review in the matter of continuation of anti-dumping on imports of Acrylic Fibre(hereinafter referred to as the subject goods) falling under sub-heading 5501 30 00 or 5503 30 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the Japan and Belarus (hereinafter referred to as the subject countries), imposed vide notifications of the Government of India in the Ministry of Finance (Department of Revenue), No. 114/2004- Customs, dated the 21st December, 2004, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.823(E), dated the 21st December, 2004 and No. 117/2004- Customs, dated the 30th December, 2004, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.844(E), dated the 30th December, 2004;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, Japan upto and inclusive of the 20th June, 2010 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 129/2009- Customs, dated the 2nd December, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 855(E), dated the 2nd December, 2009;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, Belarus upto and inclusive of the 29th June, 2010 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 134/2009- Customs, dated the 9th December, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.871 (E), dated the 9th December, 2009;

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the subject countries, the designated authority in its final findings issued vide notification No. 15/34/2008-DGAD, dated 5th July, 2010 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th July, 2010, had come to the conclusion that-

(i) the subject goods had been exported to India from Belarus below the normal value. Though the same from Japan was above the normal value during period of investigation, there was a likelihood of dumping from Japan and consequential injury in case of revocation of duty;

(ii) the domestic industry had suffered material injury;

(iii) the material injury had been caused by the dumped imports from Belarus and was likely to be caused by dumping of subject goods from Japan in case of revocation of duty;

and had recommended continued imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from, the subject countries and imported into India, 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 Customs Tariff Act, 1975 (51 of 1975) read with rules 18 and 23 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 sub-heading 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) of the said Table, 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 difference between the amount mentioned in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and as per unit of measurement as specified in the corresponding entry in column (10), 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	Specification	Country of Origin	Country of Export	Producer	Exporter	Amount	Unit of measure-ment	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1	5501 30 00 or 5503 30 00	Acrylic Fibre	All Denier	Belarus	Belarus	JSC Naftan Polymir	JSC Naftan Polymir	2886	Metric tonne	US Dollar
2	-do-	-do-	All Denier	Belarus	Belarus	Any combination of exporter and producer		2886	Metric tonne	US Dollar
3	-do-	-do-	All Denier	Belarus	Any other country other than Japan	Any combination of exporter and producer		2886	Metric tonne	US Dollar
4	-do-	-do-	All Denier	Any other country other than Japan	Belarus	Any combination of exporter and producer		2886	Metric tonne	US Dollar
5	-do-	-do-	Ranging from 1.5 Denier to 8 Denier	Japan	Japan	Any combination of exporter and producer		1681	Metric tonne	US Dollar
6	-do-	-do-	Ranging from 1.5 Denier to 8 Denier	Japan	Any other country other than Belarus	Any	Any	1681	Metric tonne	US Dollar
7	-do-	-do-	Ranging from 1.5 Denier to 8 Denier	Any other country other than Belarus	Japan	Any	Any	1681	Metric tonne	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) from the date of publication of this notification in the Official Gazette. The anti-dumping duty 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, 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.354/55/2004 –TRU]