GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No.47/2010-Customs

New Delhi, dated the 12th April, 2010

G.S.R.     (E). Whereas, in the matter of import of nylon filament yarn of specification synthetic filament yarn including synthetic monofilament of less than 67 decitex, of nylon or other polyamides falling under Chapter 54 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), excluding all high tenacity yarn of nylon including fishnet yarn of nylon (hereinafter referred to as subject goods), originating in, or exported from, Peoples Republic of China, Chinese Taipei, Malaysia, Indonesia, Thailand and Peoples Republic of Korea (referred to as subject countries), the designated authority in its preliminary findings, vide, notification No. 14/5/2005-DGAD, dated the 3rd February, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd February, 2006 had come to the conclusion that,

(i)  the subject goods had been exported to India from the subject country below their normal value;

(ii)  the domestic industry had suffered material injury;

(iii)  the injury had been caused by the dumped imports from subject country;

and had  recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in or exported from the subject countries;

 And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods, vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), No.30/2006Customs, dated the 29th March, 2006, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) dated the 29th March, 2006, vide,  number G.S.R. 182(E), dated the 29th March, 2006;

And whereas, the designated authority, in its final findings, vide, notification No.14/5/2005-DGAD, dated the 3rd July, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd July, 2006, had come to the conclusion that,-

(i)  the subject goods had been exported to India from the subject countries below their normal value;

(ii) the domestic industry had suffered material injury;

(iii) no injury had been caused in respect of imports of Nylon flame retardant yarn, Nylon air texturised yarn, Nylon 66 and Nylon 11 yarn, Nylon 170/24 and 280/14 denier yarn used for hook and loop tape fasteners, nylon 6 monofilament , UV treated yarn wherever their landed value was higher than Rs.172 per kg.

(iv) the injury had been caused cumulatively by the dumped imports from subject countries.

and had recommended the imposition of definitive anti-dumping duty on  imports of the subject goods  originating in or exported from the subject countries;

And whereas, on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed definitive anti-dumping duty on the subject goods, vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), No 85/2006-Customs, dated the 29th August, 2006, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) dated the 29th August, 2006 vide number G.S.R. 512(E), dated the 29th August, 2006;

And whereas, the designated authority, had initiated mid-term review regarding anti dumping duty imposed on the subject goods originating in or exported from Malaysia, vide, notification No. 15/07/2008-DGAD, dated the 12th August, 2008;

And whereas, the designated authority, in its final findings in mid-term review, vide, notification No. 15/07/2008-DGAD, dated the 11th February, 2010, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 11th February, 2010, had come to the conclusion that,-

(a) the subject goods had been exported to India from Malaysia below its normal value;

(b) the domestic industry had suffered material injury;

(c) the injury had been caused by the dumped imports from Malaysia;

and had recommended continued imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported from, Malaysia; 

Now, therefore, in exercise of the powers conferred by sub sections (1) and (5) of section 9A of the said 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, on the basis of aforesaid finding and recomendation of the designated authority, the Central Governement hereby makes the following amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 85/2006-Customs, dated the 29th August, 2006 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 29th August, 2006, vide, number G.S.R. 512(E), dated the 29th August, 2006, namely:-

In the said notification,-

(a) in the Table, in column (1) for serial Nos. 7 and 8, and the entries relating thereto, the following entries shall be substituted, namely,-

(b) For the proviso, the following proviso shall be substituted, namely,-

Provided that no anti dumping duty shall be payable if the landed value of Nylon flame retardant yarn, Nylon air texturised yarn, Nylon 66 and Nylon 11 yarn, Nylon 170/24 and 280/14 denier yarn used for hook and loop tape fasteners, nylon 6 monofilament and UV treated yarn, is higher than,-

(a) Rs. 172 per kg for the goods originating in or exported from the subject countries except Malaysia,

(b) Rs.204.57 per kg for goods originating in or exported from Malaysia.

[F.No.354/19/2006TRU] 

(Prashant Kumar)

Under Secretary to the Government of India