Notification No. 76/2005-Cus Dated 25-07-2005

Imposition of Anti-dumping duty on narrow woven fabrics having pile weave made up of manmade fibres, originating in, or exported from Peoples Republic of China and Chinese Taipei.- WHEREAS in the matter of import of narrow woven fabrics having pile weave made up of manmade fibres, used as a fastening tape (also known as hook and loop tape fasteners or Velcro tapes or fastening tapes) (hereinafter referred to as subject goods), falling under Chapter 58 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from Peoples Republic of China and Chinese Taipei (hereinafter referred to as subject countries), the designated authority vide its preliminary findings, No. 14/24/2003-DGAD dated the 10th January, 2005 published in the Gazette of India, Extraordinary, Part I, section 1, dated the 10th January, 2005, had come to the conclusion that -

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

(b) the domestic industry has suffered material injury;

(c) the injury had been caused cumulatively by the dumped imports from the subject countries;

AND whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification No.8/2005-Customs, dated the 14th February, 2005 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 14th February, 2005 vide G S R 72(E), dated the 14th February, 2005;

AND where, the designated authority, vide its final findings No.14/24/2003-DGAD dated the 7th June, 2005, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 7th June, 2005, has come to the conclusion that-

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

(b) the Indian domestic industry has suffered material;

(c) the injury has been caused cumulatively by the imports from the subject countries;

and has recommended to impose definitive anti-dumping duty, on all imports of the subject goods, originating in or imported from the subject countries;

Now, therefore, in exercise of the powers conferred by sub-section (1) and sub-section (5) of section 9A of the Customs tariff Act, 1975 (51 of 1975), read with rules 18 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 aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under chapter heading of the First Schedule to the said Customs Tariff At as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (5), and exported from the countries as specified in the corresponding entry in column (6), and produced by the producers as specified in the corresponding entry in column (7), and exported by the exporters as specified in the corresponding entry in column (8) and imported into india, an anti-dumping duty which shall be equivalent to the difference between the amount as specified in the corresponding entry in column (9) in the currency as specified in the corresponding entry in column (11), and per unit of measurement as specified in the corresponding entry in column (10), of the said table and the landed value of such imported goods in like currency per like unit of measurement.

TABLE

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date or imposition of the provisional anti-dumping duty, i.e. the 14th February 2005, and shall be paid in Indian currency.

¹[3. This notification shall remain in force up to and inclusive of the 13th day of February, 2011, unless the same is revoked earlier.]

Explanation- For the purposes of this notification,-

(a) "landed value" shall be the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties under sections 3, 3A, 8B, 9 and 9A of the Customs Tariff Act, 1975 (5 of 1975);

(b) the "rate of exchange" applicable for the purposes of calculation of the anti-dumping duty under this notification shall be the exchange rate specified in the notification issued from time to time in exercise of powers conferred under sub-section (3) of section 14 of the Customs Act, 1962, and the relevant date for determination of the rate exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act, 1962 (52 1962).

1. Added vide Notification No. 46/2010-Cus Dated 12/4/2010