02/2003 DATE 02/01/2003

Import of Mulberry Raw Silk (not thrown)

WHEREAS in the matter of import of Mulberry Raw Silk (not thrown), 2A grade and below (hereinafter referred to as the subject goods), falling under sub-heading 5002.00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Peoples’ Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th December, 2002, has come to the conclusion that-

(a) the subject goods originating in, or exported from, Peoples’ Republic of China have been exported to India below normal value, resulting in dumping;

(b) the domestic industry has suffered injury;

(c) the injury has been caused by imports from Peoples’ Republic of China;

and the designated authority has recommended imposition of anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods, originating in, or exported from Peoples’ Republic of China;

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 subject goods, the description of which is specified in column (3) of the Table below, falling under sub-heading of 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), originating in the countries as specified in the corresponding entry in column (5), and produced by the producer as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is 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

S.No	Sub-heading	Descri- ption of goods	Speci- fication	Country of origin	Country of export	Prod- ucer	Expo- rter	Amo- unt	Unit of Measu- rement	Curr- ency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	5002.00	Mulberry raw silk (not thrown)	2A grade and below	Peoples’ Republic of China	All	Any	Any	33.19	Kilogramme	USD
2.	5002.00	Mulberry raw silk (not thrown)	2A grade and below	All except Peoples’ Republic of China	Peoples’ Republic of China	Any	Any	33.19	Kilogramme	USD

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 1st day of July, 2003 and shall be payable in Indian currency.

Explanation - For the purposes of this notification,-

(a) "USD" means US Dollar;

(b) "landed value" means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(c) "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 and Company Affairs (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 said Customs Act, 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.