[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION
3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification
No. 39/2015-Customs (ADD)
New Delhi, the 12th August, 2015
G.S.R. (E). Whereas, the designated authority, vide notification No. 15/30/2013-
DGAD, dated the 10th March, 2014, published in the Gazette of India, Extraordinary, Part I,
Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of
Flax or Linen Fabric having flax content of more than 50% (hereinafter referred to as the subject
goods) falling under heading 5309 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975) (hereinafter referred to as the Customs Tariff Act), originating in or exported from the
People's Republic of China and Hong Kong (hereinafter referred to as the subject countries),
imposed vide notification of the Government of India, in the Ministry of Finance (Department of
Revenue) No. 142/2009-CUSTOMS, dated the 21st December, 2009, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 915(E), dated the 21st
December, 2009;
And whereas, the Central Government had extended the anti-dumping duty on the subject
goods, originating in or exported from the subject countries upto and inclusive of the 25th March,
2015, vide notification of the Government of India, in the Ministry of Finance (Department of
Revenue) No. 17/2014-Customs (ADD), dated the 9th May, 2014, published in Part II, Section 3,
Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R 330(E), dated the 9th
May, 2014;
And whereas, in the matter of review of anti-dumping duty on import of the subject goods,
originating in or exported from the subject countries, the designated authority in its final findings,
published vide notification No. 15/30/2013-DGAD, dated the 9th June, 2015, in the Gazette of
India, Extraordinary, Part I, Section 1, has come to the conclusion that-
(i) subject goods are exported from the subject countries at prices below their normal
value, thus resulting in dumping;
(ii) dumping margin and injury margin are positive in respect of imports of the subject
goods from the subject countries;
(iii) subject goods exported from the subject countries are likely to cause injury to the
domestic industry in the event of cessation of anti dumping duty,
and has recommended imposition of the anti-dumping duty on the subject goods, originating in or
exported from the subject countries.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A
of the Customs Tariff Act, 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 heading of the First Schedule to the Customs Tariff Act
as specified in the corresponding entry in column (2), originating in the countries as specified in the
corresponding entry in column (4), exported from the countries as specified in the corresponding
entry in column (5), produced by the producers as specified in the corresponding entry in column
(6), exported by the exporters as specified in the corresponding entry in column (7), and imported
into India, an anti-dumping duty at the rate equal to the amount as specified 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,
namely:-
Table
S. Heading Description Country of Country Producer Exporter Amount Unit Curre
No of goods origin of export ncy
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
1 5309 Flax or People's Any Any Any 0.75 Per US
Linen Republic of metre Dollar
Fabric China
having flax
content of
more than
50%
2 5309 Flax or Any country People's Any Any 0.75 Per US
Linen other than Republic metre Dollar
Fabric Hong Kong of China
having flax and country
content of attracting anti-
more than dumping duty
50%
3 5309 Flax or Hong Kong Any Any Any 0.63 Per US
Linen metre Dollar
Fabric
having flax
content of
more than
50%
4 5309 Flax or Any country Hong Any Any 0.63 Per US
Linen other than Kong metre Dollar
Fabric People's
having flax Republic of
content of China and
more than country
50% attracting anti-
dumping duty
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 and shall be paid 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. 354/62/2009-TRU (Pt.-I)]
(Akshay Joshi)
Under Secretary to the Government of India
|
