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[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.30 /2009-Customs
New Delhi, the 26th March, 2009
G.S.R.... (E). - Whereas in the matter of import of Flax fabric (hereinafter referred to as the subject goods), falling under the
heading 5309 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People's
Republic of China and Hong Kong (hereinafter referred to as the subject countries), the designated authority in its preliminary
findings vide notification No. 14/8/2008-DGAD, dated 17th February, 2009 published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 17th February, 2009 has come to the conclusion that-
(a) the margin of dumping in respect of each of the subject country is more than 2 per cent. and the volume of imports from
each country is also more than 3 per cent.;
(b) the subject goods have been imported from the subject countries under the same tariff classification;
(c) the imported subject goods are commercial substitutes of the domestically produced Flax fabric; and
(d) the designated authority holds that it is appropriate to cumulatively assess the effect of imports of the subject goods on
the domestically produced like article in the light of conditions of competition between the imported products and the like
domestic product;
and has recommended the imposition of provisional 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 (2) of section 9A of the said Customs Tariff Act, 1975 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 subject goods, the description of which is specified in column (3) of the Table below, falling
under heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2),
originating in the country as specified in the corresponding entry in column (4), and produced by the producer as specified in
the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by
the exporter as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at a rate which
is equivalent to difference between the amount mentioned in the corresponding entry in column (8), in the currency as specified
in the corresponding entry in column (10) and as per unit of measurement as specified in the corresponding entry in column
(9), of the said Table and the landed value of imported goods in like currency as per like unit of measurement.
Table
S.
No
Heading
Description of
goods
Country of origin Country of exportProducerExporterAmountUnitCurrency
(1)(2) (3) (4) (5) (6) (7) (8)(9)(10)
15309Flax fabric People's Republic of China
People's Republic of
China
Any Any204.89MeterRupee
25309Flax fabric People's Republic of China Any Any Any204.89MeterRupee
35309Flax fabric Any other than Hong Kong
People's Republic of
China
Any Any204.89MeterRupee
45309Flax fabric Hong Kong Hong Kong Any Any205.52MeterRupee
55309Flax fabric Hong Kong Any Any Any205.52MeterRupee
65309Flax fabric
Any other than People's
Republic of China
Hong Kong Any Any205.52MeterRupee
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 25th September, 2009,
and shall be payable in Indian currency.
Explanation. - 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 levied under sections 3, 8B, 9 and 9A of the
said Customs Tariff Act, 1975.
[F.No.354/62/2009 -TRU]
(Unmesh Sharad Wagh)
Under Secretary to the Government of India.