Notification No

Notification No. 45/2003-Cus Date 21/03/2003

Anti-dumping duty on Certain Polyester Staple Fibres (PSF) falling under tariff item 5503 20 00
WHEREAS in the matter of import of Certain Polyester Staple Fibres (PSF) (hereinafter referred to as "the subject goods"), falling under tariff item 5503 20 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Korea RP, Malaysia, Taiwan and Thailand, the designated authority vide its preliminary findings notification No.22/1/2001-DGAD dated the 17th January, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17th January, 2002, had determined that -

(a) the subject goods, originating in, or exported from, the subject countries had been exported to India below normal value, resulting in dumping;

(b) the Indian industry had suffered material injury and threat thereof;

(c) injury had been caused by 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 on subject goods vide notification of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), No. 69/2002–Customs, dated the 10th July, 2002, [G.S.R. 488 (E), dated the 10th July, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 10th July, 2002;

AND WHEREAS the designated authority, vide its final findings notification No.22/1/2001-DGAD dated the 24th December, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th December, 2002, has determined that –

(a) the subject goods, originating in, or exported from, the subject countries have been exported to India below normal value, resulting in dumping;

(b) the Indian industry has suffered material injury and threat thereof;

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

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

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and 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 all imports of Polyester Staple Fibres (PSF), of various lustres and of deniers ranging from 0.8 to 4.5, having round/circular cross-section and of all cut lengths/staple lengths (excluding speciality products, namely, dope dyed, cationic dyeable, easy dyeable, low pilling or anti-pilling, hollow PSF, fire retardant, low melt, conjugate, bicomponent and fiberfill), falling under tariff item 5503 20 00 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country specified in column (1) of the Table given below, when exported by producers/exporters specified in column (2) of the said Table, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (3) of the said Table and the landed value, in US $ per kilogram, of such imported subject goods.

Center>Table

Name of country	Name of producer/exporter	Amount (US$ per kg.)
(1)	(2)	(3)
Korea RP	All exporters	1.196
Malaysia	M/s. Penfibre SDN. BHD., Malaysia	1.143
Malaysia	All other exporters	1.196
Taiwan	M/s Far Eastern textiles ltd	1.196
Taiwan	All other exporters	1.196
Thailand	M/s. Tuntex (Thailand) Public Co. Ltd., Thailand	1.131
	M/s. Teijin Polyester (Thailand) Ltd.	1.118
	M/s Teijin (Thailand) Ltd.	1.093
	All other exporters	1.196

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 10th July, 2002, and shall be paid in Indian currency.

Explanation. - For the purposes of this notification, -

(a) "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; and

(b) rate of exchange applicable for the purposes of calculation of such 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 conferred by 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.