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OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
PUBLIC
NOTICE NO. 192 / 2001
Government of India, Ministry of
Finance, Department of Revenue, New Delhi, Notification No. 42/2001 – Cus vide
F.No.357/1/2001-TRU dated 12.04.2001, is reproduced below for the guidance of
the importers, clearing agents and trading public.
C16/28/2001-AP (PORT) (S.
SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. DY. COMMR. OF CUSTOMS (APPG)
DATE :31.08.2001
Notification
No. 42/2001 – Customs
F.No.357/1/2001-TRU
dated 12.04.2001
G.S.R.
(E).- WHEREAS in the matter of import of Partially Oriented Yarn (POY) of
polyesters (hereinafter referred to as ‘the subject goods’), falling under
sub-heading No. 5402.42 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975), originating in, or exported from Taiwan, Thailand, Indonesia and
Malaysia, the designated authority vide its preliminary findings,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
30th March, 2001, has come to the conclusion that-
(a)
the exporters from Taiwan, Thailand, Indonesia and Malaysia
(hereinafter referred to as ‘the subject countries’) have been exporting the
subject goods below normal value resulting in dumping;
(b)
the Indian industry has suffered material injury;
(c)
the injury has been caused cumulatively by the dumped
imports of the subject goods from the subject countries;
and the
designated authority has considered it necessary to impose anti-dumping duty,
provisionally, pending final determination, on all imports of the subject
goods, originating in, or exported from, the subject countries;
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 above findings of the Designated Authority, hereby imposes
on Partially Oriented Yarn (POY) of polyesters, falling under sub-heading No.
5402.42 of the First Schedule to the said Customs Tariff Act, originating in,
or exported from Taiwan, Thailand, Indonesia and Malaysia, and exported by
exporters specified in column (2) of the Table annexed hereto, and imported
into India, an anti-dumping duty at the rate specified in column (3) of the
said Table.
Table
|
Country |
Name of
the exporter |
Anti
dumping duty (US $ per kg.) |
|
(1) |
(2) |
(3 ) |
|
Taiwan |
M/s.
China Man Made Corporation |
0.284 |
|
|
M/s. Tuntex-Distinct
Corporation, Taiwan |
0.392 |
|
|
M/s. Tun Ho Spinning Weaving
& Dyeing Co. Ltd., Taiwan |
0.215 |
|
|
M/s. Nan Ya Plastics
Corporation, Taiwan |
0.370 |
|
|
M/s. Hualon Corporation, Taiwan |
0.574 |
|
|
M/s. Chia Hsin Food & Fiber
Co Ltd |
0.682 |
|
|
Other Exporters |
0.801 |
|
Thailand |
M/s. Sunflag (Thailand), Ltd |
0.181 |
|
|
M/s. Tuntex (Thailand) Ltd |
0.271 |
|
|
M/s. Indo Poly |
0.483 |
|
|
Other Exporters |
0.483 |
|
Indonesia |
M/s. Pt Polysindo Eka Perkasa
Tbk |
0.327 |
|
|
M/s. Pt Gt Petrochem, Tbk |
0.441 |
|
|
Other Exporters |
0.441 |
|
Malaysia |
All Exporters |
0.464 |
2. The
anti-dumping duty imposed under this notification shall be effective upto and
inclusive of the 11th day of October, 2001, and shall be payable in Indian
currency.
Explanation.
- For the purposes of this notification, "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 under sub-clause (i) of clause (a) of sub-section (3) of 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.
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