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2
nd
August, 2006
Notification No. 77/2006-Customs
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 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;
(ii) the domestic industry has suffered material injury;
(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.
Table
S.No
Tariff
Item
Description of
Goods
Specification
Country
of origin
Country
of Export
ProducerExporterAmount
Unit of
measurement
Currency
(1)(2) (3) (4) (5) (6) (7) (8)(9) (10) (11)
1.
5402
42 00
Partially Oriented
Yarn - all types
Any
People's
Republic of
China
Any AnyAny486 MT US$
2.
5402
42 00
Partially Oriented
Yarn - all types
Any Any
People's
Republic of
China
AnyAny486 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.
F.No.354/100/2006-TRU