[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.29 /2009-Customs
New Delhi, the 26th March, 2009
G.S.R.--(E). - Whereas in the matter of imports 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 tariff item 5402 47 00 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), 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 23rd January, 2009 published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 27th January, 2009 has come to the conclusion that -
(a) the subject goods have been exported to India from the subject countries below its normal value;
(b) the domestic industry has suffered material injury; and
(c) the injury has been caused by the dumped imports from the subject countries;
and has recommended imposition of provisional anti-dumping duty on the imports of 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 goods, the description of which is specified in column (3) of the Table below, falling under
tariff item 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) of the said Table, originating in the country as specified in the corresponding
entry in column (5), and exported from the country as specified in the corresponding entry in column (6), and produced by the
producer as specified in the corresponding entry in column (7), and exported by the exporter 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
S.
No
Tariff
Item
Description of goods
Specifi-
cation
Country
of origin
Country of
export
Producer Exporter Amount
Unit of
measur-
ement
Curre-
ncy
(1)(2)(3) (4)(5) (6) (7) (8) (9)(10)(11)
1.
5402
47
00
All Fully Drawn or Fully
Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester
(non-textured and non -
POY)
Any
People's
Republic
of China
People's
Republic of
China
TONGKUN
GROUP CO. LTD.
TONGKUN
GROUP CO. LTD.
200.53MT
US
dollar
2.
5402
47
00
All Fully Drawn or Fully
Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester
(non-textured and non -
POY)
Any
People's
Republic
of China
People's
Republic of
China
TONGKUN
GROUP
HENGSHENG
CHEMICAL
FIBRE CO. LTD
TONGKUN
GROUP
HENGSHENG
CHEMICAL
FIBRE CO. LTD
225.52MT
US
dollar
3.
5402
47
00
All Fully Drawn or Fully
Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester
(non-textured and non -
POY)
Any
People's
Republic
of China
People's
Republic of
China
WUXI
GODSHEEP
INDUSTRY &
TRADE CO. LTD.
Jiangsu
Godsheep
Chemical Fibre
Co. Ltd.
275.42MT
US
dollar
4
5402
47
00
All Fully Drawn or Fully
Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester
(non-textured and non -
POY)
Any
People's
Republic
of China
People's
Republic of
China
JIANGSU HENGLI
CHEMICALS
FIBRE CO. LTD
JIANGSU HENGLI
CHEMICALS
FIBRE CO. LTD
112.64MT
US
dollar
5
5402
47
00
All Fully Drawn or Fully
Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester
(non-textured and non -
POY)
Any
People's
Republic
of China
People's
Republic of
China
Any combination
other than at S.
No. 1 to 4 above
527.31 MTUSD
6
5402
47
00
All Fully Drawn or Fully
Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester
(non-textured and non -
POY)
Any
People's
Republic
of China
Any other
than
People's
Republic of
China
Any Any 527.31MT
US
dollar
7
5402
47
00
All Fully Drawn or Fully
Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester
(non-textured and non -
POY)
Any
Any other
than
subject
countries
People's
Republic of
China
Any Any 527.31MT
US
dollar
8
5402
47
00
All Fully Drawn or Fully
Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester
(non-textured and non -
POY)
AnyVietnamVietnamAny Any 232.86MT
US
dollar
9
5402
47
00
All Fully Drawn or Fully
Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester
(non-textured and non -
POY)
AnyVietnam
Any other
than
Vietnam
Any Any 232.86MT
US
dollar
10
5402
47
00
All Fully Drawn or Fully
Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester
(non-textured and non -
POY)
Any
Any other
than
subject
countries
VietnamAny Any 232.86MT
US
dollar
11
5402
47
00
All Fully Drawn or Fully
Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester
(non-textured and non -
POY)
AnyThailandThailand
INDO POLY
(THAILAND) LTD.
INDO POLY
(THAILAND) LTD.
283.21MT
US
dollar
12
5402
47
00
All Fully Drawn or Fully
Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester
(non-textured and non -
POY)
AnyThailandThailand
Any combination
other than at S.
No. 11 above
379.74 MTUSD
13
5402
47
00
All Fully Drawn or Fully
Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester
(non-textured and non -
POY)
AnyThailand
Any other
than
Thailand
Any Any 379.74MT
US
dollar
14
5402
47
00
All Fully Drawn or Fully
Oriented Yarn/Spin Draw
Yarn/Flat Yarn of Polyester
(non-textured and non -
POY)
Any
Any other
than
subject
countries
ThailandAny Any 379.74MT
US
dollar
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 25th September,
2009.
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 th e 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]
(Unmesh Sharad Wagh)
Under Secretary to the Government of India.
