[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. 124/2009-Customs
New Delhi, the 11
th
November, 2009
G.S.R. (E). - Whereas, in the matter of import of All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester
(non-textured and non-POY) (hereinafter referred to as the subject goods), falling under sub-heading 5402 47 00 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), originating in, or
exported from, the People's Republic of China, Thailand and Vietnam (hereinafter referred to as the subject countries) and
imported into India, the designated authority in its preliminary findings vide notification No.14/3/2008-DGAD dated the 23
rd
January, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27
th
January, 2009, had come to
the conclusion that-
(a) the subject goods had been exported to India from the subject countries below their normal value;
(b) the domestic industry had suffered material injury; and
(c) the injury had been caused by the dumped imports from the subject countries;
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. 29/2009-Customs, dated 26
th
March, 2009, published in the Gazette of India Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R.201 (E), dated the 26
th
March, 2009;
And whereas, the designated authority in its final findings vide notification No. 14/3/2008-DGAD dated the 29th September,
2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5
th
October, 2009, had come to the
conclusion that-
(a) The subject goods had been exported to India from the subject countries below their normal value;
(b) The domestic industry had suffered material injury;
(c) The injury had been caused 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;
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 the subject goods, the description of which is specified in column (3) of
the Table below, falling under subheading of 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), originating in the country as specified in
the corresponding entry in column (5), when exported from the country as specified in the corresponding entry in column (6),
produced by the producers as specified in the corresponding entry in column (7), by the exporters as specified in the
corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount indicated 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.
Sl.No ..Sub heading
Description of
Goods
Specification
Country of
origin
Country of
Export
ProducerExporter
Duty
Amount
Unit of
Measurement
Currency
1 2 3 4 5 6 7 8 9 10 11
15402 47
All Fully Drawn or
Fully
Oriented
Yarn/Spin
Draw
Yarn/Flat
Yarn of
Polyester
(non-textured
and non -
POY)
AnyChina PRChina PR
TONGKUN GROUP
CO.LTD.
TONGKUN GROUP
CO.LTD.
240Metric tonneUS Dollar
25402 47
All Fully Drawn or
Fully
Oriented
Yarn/Spin
Draw
Yarn/Flat
Yarn of
Polyester
(non-textured
and non -
POY)
Any China PRChina PR
TONGKUN GROUP
HENGSHENG
CHEMICAL
FIBRE
CO.LTD
TONGKUN GROUP
HENGSHENG
CHEMICAL
FIBRE
CO.LTD
247Metric tonneUS Dollar
35402 47
All Fully Drawn or
Fully
Oriented
Yarn/Spin
Draw
Yarn/Flat
Yarn of
Polyester
(non-textured
and non -
POY)
Any China PRChina PR
JIANGSU HENGLI
CHEMICALS
FIBRE
CO.LTD
JIANGSU HENGLI
CHEMICALS
FIBRE
CO.LTD
256Metric tonneUS Dollar
45402 47
All Fully Drawn or
Fully
Oriented
Yarn/Spin
Draw
Yarn/Flat
Yarn of
Polyester
(non-textured
and non -
POY)
Any China PRChina PR
Any other than
combination at
Serial number
1 to 3 above
547Metric tonneUS Dollar
55402 47
All Fully Drawn or
Fully
Oriented
Yarn/Spin
Draw
Yarn/Flat
Yarn of
Polyester
(non-textured
and non -
POY)
Any China PR
Any other than
China
PR
Any Any 547Metric tonneUS Dollar
65402 47
All Fully Drawn or
Fully
Oriented
Yarn/Spin
Draw
Yarn/Flat
Yarn of
Polyester
(non-textured
and non -
POY)
Any
Any country
other
than
countries
attracting
anti
dumping
duties
China
PR
Any Any 547Metric tonneUS Dollar
75402 47
All Fully Drawn or
Fully
Oriented
Yarn/Spin
Draw
Yarn/Flat
Yarn of
Polyester
(non-textured
and non -
POY)
Any VietnamVietnam Any Any 350Metric tonneUS Dollar
85402 47
All Fully Drawn or
Fully
Oriented
Yarn/Spin
Draw
Yarn/Flat
Yarn of
Polyester
(non-textured
and non -
POY)
Any Vietnam
Any other than
Vietnam
Any Any 350Metric tonneUS Dollar
95402 47
All Fully Drawn or
Fully
Oriented
Yarn/Spin
Draw
Yarn/Flat
Yarn of
Polyester
(non-textured
and non -
POY)
Any
Any country
other
than
countries
attracting
anti
dumping
duties
Vietnam Any Any 350Metric tonneUS Dollar
105402 47
All Fully Drawn or
Fully
Oriented
Yarn/Spin
Draw
Yarn/Flat
Yarn of
Polyester
(non-textured
and non -
POY)
Any ThailandThailand
Indorama Polyester
Industries
Public
Company
Limited
(formerly Indo
Poly
(Thailand)
Ltd.)
Indorama Polyester
Industries
Public
Company
Limited
(formerly Indo
Poly
(Thailand)
Ltd.)
80Metric tonneUS Dollar
115402 47
All Fully Drawn or
Fully
Oriented
Yarn/Spin
Draw
Yarn/Flat
Yarn of
Polyester
(non-textured
and non -
POY)
Any ThailandThailand
Any other than
combination at
Serial number
10 above
490Metric tonneUS Dollar
125402 47
All Fully Drawn or
Fully
Oriented
Yarn/Spin
Draw
Yarn/Flat
Yarn of
Polyester
(non-textured
and non -
POY)
Any Thailand
Any other than
Thailand
Any Any 490Metric tonneUS Dollar
135402 47
All Fully Drawn or
Fully
Oriented
Yarn/Spin
Draw
Yarn/Flat
Yarn of
Polyester
(non-textured
and non -
POY)
Any
Any country
other
than
countries
attracting
anti
dumping
duties
Thailand Any Any 490Metric tonneUS Dollar
2. The anti-dumping duty imposed shall be levied for a period of five years (unless revoked, superseded or amended
earlier) from the date of imposition of the provisional anti-dumping duty, that is, 26th March, 2009 and shall be payable in Indian
currency.
Explanation: For the purposes of this notification, 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 (Department of
Revenue), issued from time to time, in exercise of the powers conferred by 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.354/29/2009 -TRU]
(Prashant Kumar)
Under Secretary to the Government of India.
