[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.72 /2008-Customs
New
Delhi, the 2nd June, 2008
G.S.R.
(E). - Whereas in the matter of import of Nylon Tyre Cord Fabrics
(hereinafter referred to as the subject goods), falling under sub-heading 5902
10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in, or exported from, the People’s Republic of China (hereinafter
referred to as the subject country) and imported into India, the designated
authority vide its final findings, in notification No. 14/20/2003-DGAD, dated
the 9th March, 2005 published in the Gazette of India, Extraordinary, Part
I, Section I, dated the 7th April, 2005 had come to the conclusion
that-
(i)
subject goods of all types, originating in or exported from the subject
country have been exported to India below normal value, resulting in dumping;
(ii)
the domestic industry has suffered material injury;
(iii)
material injury has been caused by dumped imports from the subject
country;
and
had recommended imposition of anti-dumping duty on all imports of the subject
goods from subject country in order to remove the injury to the domestic
industry;
And
whereas, on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed an anti-dumping duty on the subject goods, vide,
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 36/2005-Customs, dated the 27th April, 2005,
published in Part II, Section 3, Sub-Section (i) of the Gazette of India,
Extraordinary, dated the 27th April, 2005 [G.S.R. 248 (E), dated the
27th April, 2005];
And whereas, M/s Junma Tyre Cord Company Limited, People’s Republic of China
had requested for review in terms of rule 22 of the Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995 in respect of exports of
the subject goods made by them, and the designated authority, vide new shipper
review notification No. 15/11/2006-DGAD dated the 11th July, 2006
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
14th July, 2006, had recommended
provisional assessment of all exports of the subject goods made by M/s Junma Tyre Cord Company Limited, People’s Republic of China
till the completion of the review by it;
And whereas, on the basis of the aforesaid recommendation of the
designated authority, the Central Government had ordered, vide notification of
the Government of India in the Ministry of Finance (Department of Revenue), No.
84/2006-Customs dated the 29th August, 2006, published in Part II,
Section 3, Sub-Section (i) of the Gazette of India,, Extraordinary, dated 29th
August, 2006 [G.S.R 511(E), dated
the 29th August, 2006] that, pending the outcome of the said review
by the designated authority, the subject goods, when exported by M/s
Junma Tyre Cord Company Limited, People’s Republic of China and
imported into India, shall be subjected to provisional assessment till the
review is completed;
And whereas, the designated authority, vide its final findings
No.15/11/2006 dated the 8th April, 2008, published in the Gazette of
India, Extraordinary, Part I, Section I, dated the 9th April, 2008,
has come to the conclusion that export price of Nylon Tyre Cord Fabrics produced
and exported to India by M/s Jumna Tyre Cord Company Limited, People’s
Republic of China is below its normal value during the period of investigation
and has recommended that anti dumping duty at the rate of Rs. 51.36 per kg be
imposed on imports of Nylon Tyre Cord
Fabrics falling under Chapter 59 of the Customs Tariff Act, 1975 produced and
exported to India by M/s Junma Tyre Cord Company Limited, People’s
Republic of China;
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, 20 and
22 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 aforesaid final findings,
hereby imposes anti dumping duty at the rate of Rs. 51.36 per kg on
imports of Nylon Tyre Cord Fabrics
falling under Chapter 59 of the Customs Tariff Act, 1975 produced and exported
to India by M/s Junma Tyre Cord Company Limited, People’s Republic of
China.
2. The anti-dumping duty
imposed under this notification shall be effective
from the date of initiation of the said review,
that is, the 11th July, 2006 and shall be payable in Indian Currency.
[F.No.354/63/2004-TRU
(Pt.I)]
(G.
G. Pai)
Under
Secretary to the Government of India