Notification No.8/1999 Date 22/01/1999
Anti-Dumping Duty on import of acrylic fibre
G. S. R. (E) Whereas in the matter of import of acrylic fibre, ranging from 1.5 denier
to 8.0 denier and falling under Chapter 55 of the First Schedule to the Customs Tariff Act, 1975 (51
of 1975) originating in or exported from Japan, Spain, Portugal or Italy, the Designated Authority
vide its preliminary findings, published in Part I, Section 1 of the Gazette of India Extraordinary,
dated the 20th October, 1998, had come to the conclusion that-
i. acrylic fibre of Japan, Spain, Portugal and Italy, has been
exported to India below normal value, resulting in dumping;
ii. the Indian Industry has suffered material injury;
iii. the injury has been caused cumulatively by the imports from Japan, Spain, Portugal and Italy;
AND WHEREAS on the basis of the aforesaid findings of the designated
Authority, the Central Government has imposed anti-dumping duty vide notification of the Government
of India in the Ministry of Finance (Department of Revenue), No.90/98-Customs, dated 17th November,
1998
[ G. S. R. 683(E), dated the 17th November, 1998] published in Part II, Section 3, Sub-section (I)
of the Gazette of India, Extraordinary, dated the 18th November, 1998 (hereinafter referred to as
the provisional duty);
AND WHEREAS the Designated Authority vide notification No.32/1/97-ADD, published in Part I, Section
1 of the Gazette of India, Extraordinary, dated the 17th November, 1998 (hereinafter referred to as
the provisional duty);
i. acrylic fibre exported from Japan, Spain, Portugal and Italy has
been exported to India below normal value, resulting in dumping of acrylic fibre;
ii. the domestic industry has suffered material injury; and
iii. the caused link between dumping and injury is established.
Now, therefore, in exercise of the powers conferred by sub-section (1)
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 after considering the aforesaid final
finding of the Designated Authority, hereby imposes on the said acrylic fibre, excluding modacrylic
fibre when originating in, or exported from, the country specified in column (2) of the Table hereto
annexed, by the exporters mentioned in the corresponding entry in column (3) of the said Table, and
imported into India, an anti-dumping duty which shall be equivalent to difference between the amount
mentioned in the corresponding entry in column (4) of the said Table and the landed value of acrylic
fibre per Kg.
Table
| S.No. |
Name of the Country |
Name of the Producer/Exporter |
Amount
(in US $ per kg.) |
| (1) |
(2) |
(3) |
(4) |
| 1. |
Japan |
Asahi Chemical Industries Ltd. |
2.28 |
| Mitsubishi Rayon Co. Ltd. |
2.23 |
| Toyobo Co. Ltd. |
2.16 |
| Any other producer/exporter |
2.28 |
| 2. |
Spain |
Any exporter |
2.30 |
| 3. |
Portugal |
Any exporter |
2.08 |
| 4. |
Italy |
Any exporter |
2.28"; |
(Above Table has been substituted vide Customs Notification No. 68/2000, Dt. 19-5-2000)
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date
of imposition of provisional duty, i.e. the 17th November, 1998.
- Explanation I :
- For the purposes of this notification, "landed value' means
the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all
duties of customs except duties of customs leviable under sections 3, 3A, 8B, 9 or section 9A,
as the case may be, of the said Customs Tariff Act.
- "Explanation II :
- For the purposes of this notification, the rate of exchange for
conversion of US $ into Indian rupees for levy of the anti-dumping duty shall be the rate of
exchange determined by the Central Government in terms of clause (a) of sub-section (3) of
section 14 of the Customs Act, 1962 (52 of 1962), as in force on the date on which the relevant
bill of entry is presented under section 46 of the said Customs Act.