Notification No. 114/2007-Cus Dated 28/11/2007
Provisional assessment of exports made by M/s Qingdao Lian Chuang Stock Company Ltd., People’s Republic of China-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 Qingdao Lian Chuang Stock Company Ltd., People’s Republic of
China has 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. 15/24/2006-DGAD dated the 30th October, 2007 published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st
October, 2007, has recommended provisional assessment of all exports of the
subject goods made by M/s Qingdao Lian Chuang Stock Company Ltd., People’s
Republic of China till the completion of the review by it;
Now,
therefore, in exercise of the powers conferred by sub-rule (2) 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, the Central
Government, after considering the aforesaid recommendation of the designated
authority, hereby orders that pending the outcome of the said review by the
designated authority, the subject goods, when exported by M/s Qingdao Lian
Chuang Stock Company Ltd., People’s Republic of China and imported into India,
shall be subjected to provisional assessment till the review is completed.
2.
The provisional assessment may be subject to such security or guarantee as the
proper officer of customs deems fit for payment of the deficiency, if any, in
case a definitive anti dumping duty is imposed retrospectively, on completion of
investigation by the designated authority.
3. In case of recommendation of anti-dumping duty after completion of the said
review by the designated authority, the importer shall be liable to pay the
amount of such antidumping duty recommended on review and imposed on all imports
of subject goods exported by M/s Qingdao Lian Chuang Stock Company Ltd.,
People’s Republic of China and imported into India, from the date of
initiation of the said review.
[F.No.354/63/2004-TRU (Pt.I)]
(S.
Bajaj)
Under Secretary to the Government of India