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OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
PUBLIC
NOTICE NO. 155 /2001
Government of India, Ministry of Finance, Department
of Revenue, New Delhi, Notification No.15/2001-Cus. Vide F.No.354/18/2001-TRU
dated 9.2.2001, is reproduced below for the guidance of the Trading Public.
C16/7/2001-AP(PORT) (S.SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. DY, COMMR. OF CUSTOMS(APPG.)
DATED: 26.07.2001
NOTIFICATION NO.15/2001-CUSTOMS
G.S.R .
(E)-WHEREAS in the matter of import of Sports Shoes, non-leather sports
footwear (hereinafter referred to as ‘the subject goods’), falling under
sub-heading Nos.6402.12, 6402.19, 6403.19, 6404.11, 6405.20 or 6405.90 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, the People’s Republic of China, the Designated Authority vide
its preliminary findings, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 25th January, 2001, has come to the
conclusion that-
(a)
the
subject goods, originating in, or exported from, the People’s Republic of China
have been exported to India below their normal value.
(b)
The
domestic industry has suffered material injury by way of decline in its market
share and financial losses due to depressed selling prices on account of price
depression caused by low landed prices of the dumped subject goods;
(c)
The
injury has been caused to the domestic industry by dumping of the subject goods
originating in, or exported from, the People’s Republic of China;
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 People’s Republic of China;
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 Sports Shoes, non-leather sports footwear, of categories
specified in column (2) of the Table annexed hereto, falling under sub-heading
No.6402.12,6402.19,6403.12, 6403.19, 6404.11, 6405.20 or 6405.90 of the First
Schedule to the said Customs Tariff Act, origination in, or exported from, the
People’s Republic of China, when exported by any exporter/producer, and
imported into India, an anti-dumping duty at the rate which shall be calculated
as the difference between the corresponding amount mentioned in column (3) of
the said Table and the landed value of such imported subject goods in US $ per
pair.
Table
|
S.No. |
Category of Sports Shoes |
Amount (US $ per pair) |
|
(1) |
(2) |
(3) |
|
1. |
(a) Bearing brand
name of Nike, Reebok or Adidas (b) Unbranded or bearing brand
names other than (a) above |
18.44 6.277 |
2.
The
anti-dumping duty imposed under this notification shall be effective upto and
inclusive of the 8th day of August, 2001, 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, 3A,8(B),9 and 9A of the said Customs Tariff Act;
(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 under sub-clause (I) of clause (a) of
sub-section (3) of section 14 of the said Customs Act, 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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