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10th July, 2002
Notification No. 69/2002-Customs
WHEREAS in the matter of import of Certain Polyester Staple Fibres (PSF) (hereinafter referred to as "the subject goods"),
falling under sub-heading 5503.20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, Korea RP, Malaysia, Taiwan and Thailand (hereinafter referred to as "the subject countries"), the designated
authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17th January,
2002, has come to the conclusion 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 the designated authority has considered it necessary to impose anti-dumping duty, provisionally, pending final
determination, 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 (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 above findings of the designated authority,
hereby imposes on 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 sub-heading 5503.20 of the First Schedule to the said Customs Tariff Act, when originating in, or exported from,
the countries specified in column (2) of the Table hereto annexed, by the producers/exporters mentioned in the corresponding
entry in column (3) of the said Table and imported into India, an anti-dumping duty at the rate which shall be calculated as the
difference between the corresponding amount mentioned in column (4) of the said Table and the landed value of such imported
subject goods in US $ per kg .
Table
S.No.
Name of
country
Name of producer/exporter
Amount
(US$ per
kg.)
(1) (2) (3) (4)
1Korea RP All exporters 1.264
2Malaysia M/s. Penfibre SDN. BHD., Malaysia 1.118
3Malaysia All exporters other than that specified against S.No. 2 1.264
4Taiwan All exporters 1.264
5Thailand M/S. Tuntex (Thailand) Public Co. Ltd., Thailand 1.054
6Thailand M/S. Teijin (Thailand) Ltd. 0.951
7Thailand
All exporters other than M/S. Teijin Polyester (Thailand) Ltd. and those specified against
S.Nos. 5 and 6
1.264
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 9th day of January,
2003, and shall be payable 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;
(b) "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 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.
D.S.Garbyal
Under Secretary to the Government of India
F.No.354/13/2002-TRU