Notification No. 77/2006-Cus -Anti-dumping duty on Partially Oriented Yarn (POY) falling under Heading No. 5402 42 00.

Anti-dumping duty on Partially Oriented Yarn (POY) falling under Heading No. 5402 42 00.- G.S.R. (E). – Whereas in the matter of import of partially oriented yarn generally known as POY (hereinafter referred to as the subject goods) classified as tariff item ¹[5402 44 00 or 5402 46 00] ^Old[5402 42 00], in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from People’s Republic of China, (hereinafter referred to as the subject country), the designated authority, in its preliminary findings vide notification No. 14/10/2005-DGAD, dated the 4^th July 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4^th July 2006, has come to the conclusion that –

(i) the subject goods originating in or exported from subject country have been exported to India below their normal value;

(iii) the injury has been caused to the domestic industry by dumped imports of subject goods originating in or exported from subject country;

(iv) the Authority considers it necessary to recommend provisional antidumping duty on imports of subject goods originating in or exported from the subject country,

and has recommended imposition of provisional anti-dumping duty, pending final determination, on all imports of the subject goods originating in or exported from the subject country.

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 aforesaid findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, classified as tariff item in the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the countries specified in the corresponding entry in column (5), and exported from the countries specified in the corresponding entry in column (6) and produced by the producers specified in the corresponding entry in column (7) and exported by the exporters specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty which shall be equal to the amount 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.

S.No	Tariff Item	Description of Goods	Specification	Country of origin	Country of Export	Producer	Exporter	Amount	Unit of measurement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	¹[5402 44 00 or 5402 46 00] ^Old[ 5402 42 00]	Partially Oriented Yarn – all types	Any	People’s Republic of China	Any	Any	Any	486	MT	US$
2.	¹[5402 44 00 or 5402 46 00] ^Old[ 5402 42 00]	Partially Oriented Yarn – all types	Any	Any	People’s Republic of China	Any	Any	486	MT	US$

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 1^st day of February 2007 and shall be payable in Indian currency.

Explanation. - For the purposes of this notification, “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 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.