[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.47/2010-Customs
New Delhi, dated the 12
th
April, 2010
G.S.R. (E). - Whereas, in the matter of import of nylon filament yarn of specification 'synthetic filament yarn including synthetic
monofilament of less than 67 decitex, of nylon or other polyamides falling under Chapter 54 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), excluding all high tenacity yarn of nylon including fishnet yarn of nylon (hereinafter
referred to as subject goods), originating in, or exported from, People's Republic of China, Chinese Taipei, Malaysia,
Indonesia, Thailand and People's Republic of Korea (referred to as subject countries), the designated authority in its
preliminary findings, vide , notification No. 14/5/2005-DGAD, dated the 3
rd
February, 2006, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 3
rd
February, 2006 had come to the conclusion that, -
(i) the subject goods had been exported to India from the subject country below their normal value;
(ii) the domestic industry had suffered material injury;
(iii) the injury had been caused by the dumped imports from subject country;
and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in or exported
from the subject countries;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed
provisional anti-dumping duty on the subject goods, vide, notification of the Government of India in the Ministry of Finance
(Department of Revenue), No.30/2006-Customs, dated the 29
th
March, 2006, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) dated the 29
th
March, 2006, vide, number G.S.R. 182(E), dated the 29
th
March, 2006;
And whereas, the designated authority, in its final findings, vide, notification No.14/5/2005-DGAD, dated the 3rd July, 2006,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd July, 2006, had come to the conclusion that,-
(i) the subject goods had been exported to India from the subject countries below their normal value;
(ii) the domestic industry had suffered material injury;
(iii) no injury had been caused in respect of imports of Nylon flame retardant yarn, Nylon air texturised yarn, Nylon 66 and Nylon
11 yarn, Nylon 170/24 and 280/14 denier yarn used for hook and loop tape fasteners, nylon 6 monofilament , UV treated yarn
wherever their landed value was higher than Rs.172 per kg.
(iv) the injury had been caused cumulatively by the dumped imports from subject countries.
and had recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in or
exported from the subject countries;
And whereas, on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed
definitive anti-dumping duty on the subject goods, vide, notification of the Government of India in the Ministry of Finance
(Department of Revenue), No 85/2006-Customs, dated the 29
th
August, 2006, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) dated the 29
th
August, 2006 vide number G.S.R. 512(E), dated the 29
th
August, 2006;
And whereas, the designated authority, had initiated mid-term review regarding anti dumping duty imposed on the subject
goods originating in or exported from Malaysia, vide, notification No. 15/07/2008-DGAD, dated the 12
th
August, 2008;
And whereas, the designated authority, in its final findings in mid-term review, vide, notification No. 15/07/2008-DGAD, dated
the 11
th
February, 2010, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 11
th
February, 2010, had
come to the conclusion that,-
(a) the subject goods had been exported to India from Malaysia below its normal value;
(b) the domestic industry had suffered material injury;
(c) the injury had been caused by the dumped imports from Malaysia;
and had recommended continued imposition of definitive anti-dumping duty on imports of the subject goods originating in, or
exported from, Malaysia;
Now, therefore, in exercise of the powers conferred by sub sections (1) and (5) of section 9A of the said Customs Tariff Act,
read with rules 18 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995, on the basis of aforesaid finding and recomendation of the designated
authority, the Central Governement hereby makes the following amendments in the notification of the Government of India, in
the Ministry of Finance (Department of Revenue), No. 85/2006-Customs, dated the 29
th
August, 2006 published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 29
th
August, 2006, vide, number G.S.R. 512(E), dated the
29
th
August, 2006, namely:-
In the said notification,-
(a) in the Table, in column (1) for serial Nos. 7 and 8, and the entries relating thereto, the following entries shall be
substituted, namely,-
(1)(2)(3)(4) (5) (6) (7) (8) (9)(10)(11)
"754
Nylon
Filament
Yam
Synthetic filament yarn
including synthetic
monofilament of less than
67 decitex, of nylon or
other polyamides,
excluding all high tenacity
yarn of nylon including
fishnet yarn of nylon
Malaysia Malaysia
Recron
(Malaysia)
Sdn. Bhd.
Recron
(Malaysia)
Sdn. Bhd.
13.80Kilogram
Indian
Rupees
7A54
Nylon
Filament
Yam
Synthetic filament yarn
including synthetic
monofilament of less than
67 decitex, of nylon or
other polyamides,
excluding all high tenacity
yarn of nylon including
fishnet yarn of nylon
Malaysia Malaysia
Any other
combination
of producer
and
exporter
Any other
combination
of producer
and
exporter
24.24Kilogram
Indian
Rupees
854
Nylon
Filament
Yam
Synthetic filament yarn
including synthetic
monofilament of less than
67 decitex, of nylon or
other polyamides,
excluding all high tenacity
yarn of nylon including
fishnet yarn of nylon
Malaysia
Any other than
People's
Republic of
China , Chinese
Taipei,
Indonesia,
Thailand and
Republic of
Korea .
Any Any 24.24Kilogram
Indian
Rupees
8A54
Nylon
Filament
Yam
Synthetic filament yarn
including synthetic
monofilament of less than
67 decitex, of nylon or
other polyamides,
excluding all high tenacity
yarn of nylon including
fishnet yarn of nylon
Any other than
People's
Republic of
China , Chinese
Taipei,
Indonesia,
Thailand and
Republic of
Korea .
Malaysia Any Any 24.24Kilogram
Indian
Rupees"
(b) For the proviso, the following proviso shall be substituted, namely,-
"Provided that no anti dumping duty shall be payable if the landed value of Nylon flame retardant yarn, Nylon air texturised yarn,
Nylon 66 and Nylon 11 yarn, Nylon 170/24 and 280/14 denier yarn used for hook and loop tape fasteners, nylon 6 monofilament
and UV treated yarn, is higher than,-
(a) Rs. 172 per kg for the goods originating in or exported from the subject countries except Malaysia,
(b) Rs.204.57 per kg for goods originating in or exported from Malaysia.
[F.No.354/19/2006-TRU]
(Prashant Kumar)
Under Secretary to the Government of India
