[TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA, EXTRAORDINARY, DATED
THE 20
TH
FEBRUARY 2007]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, the 20
th
February 2007
Notification No 15/2007 -CUSTOMS
G.S.R.... (E). - Whereas, in the matter of import of fully drawn yarn or fully oriented yarn or spin drawn yarn or flat yarn of
polyester (non-textured and non-POY) and other yarns (hereinafter referred to as the subject goods) falling under tariff items
5402 44 00 or 5402 47 00 (since substituted for the erstwhile tariff item 5402 43 00) of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), originating in, or exported, from Indonesia, Republic of Korea, Malaysia and Chinese Taipei
(hereinafter referred to as the subject countries), the designated authority in its preliminary findings vide notification No.
14/3/2005-DGAD, dated the 3
rd
July, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3
rd
July ,2006, had come to the conclusion that -
(i) the subject goods originating in or exported, from subject countries have been exported to India below their normal
values;
(ii) the domestic industry has suffered material injury;
(iii) the injury has been caused to the domestic industry by dumped imports of subject goods originating in, or exported,
from the subject countries;
and had recommended imposition of provisional anti-dumping duty on imports of the subject goods of all grades, 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.82/2006-Customs, dated the 21
st
August, 2006, published in Part II, Section 3, Sub-section (i)
of the Gazette of India, Extraordinary, dated the 21
st
August, 2006 vide G.S.R. No. 495(E), dated the 21
st
August, 2006;
And whereas the designated authority in its final findings vide notification No.14/3/2005 -DGAD, dated the 26
th
December,
2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27
th
December, 2006, read with
amendment No.14/3/2005-DGAD, dated 24
th
January, 2007, published in the Gazette of India, Extraordinary, Part I, section 1,
dated the 24
th
January, 2007, has extended the scope of subject goods to include Fully Drawn or Fully Printed Yarn or Spin
Draw Yarn or Flat Yarn of Polyester falling under tariff item 5402 44 00 or 5402 46 00 of the First Schedule of the said
Customs Tariff Act, has come to the conclusion that -
(i) subject goods originating in, or exported from, subject countries have been exported to India below their normal value;
(ii) the domestic industry has suffered material injury;
(iii) the injury has been caused to the domestic industry by dumped imports of subject goods originating in, or exported from,
the subject countries;
And whereas, M/s H.K. Corporation, Republic of Korea, have furnished the price undertaking under rule 15 of the Customs
Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury)
Rules, 1995, so as not to export subject goods below such price and the designated authority has accepted the price
undertaking for specified product specifications as per the terms and conditions set out in the said undertaking;
And whereas the designated authority has recommended the imposition of definitive anti-dumping duty on imports of the
subject goods originating in, or exported from, the subject countries, in order to remove the injury to the domestic industry;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with
sub-section (5) of the said section 9A 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 goods, the description of which is specified in
column (3) of the Table I 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), originating in the country as specified in
the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7),
when exported from the country as specified in the corresponding entry in column (6), by the exporters as specified in the
corresponding entry in column (8), and imported into India, an anti-dumping duty equal to the amount as specified 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 I.
Table I.
S.No.
Tariff
headings
Description of goods
Specifi-
cation
Country of
origin
Country
of Export
Producer Exporter
Amo-
unt
Unit of
Measur-
ement
Curr-
ency
(1)(2) (3) (4) (5) (6) (7) (8) (9)(10)(11)
1
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
AnyIndonesiaAny
M/s P.T. Mutu
Gading Tekstil,
Indonesia
M/s P.T. Mutu
Gading
Tekstil,
Indonesia
NilMTUS$
2
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
AnyIndonesiaAny
M/s P.T. Mutu
Gading Tekstil,
Indonesia
Any other
than above
490MTUS$
3
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
AnyIndonesiaAny
Any other than
above
Any 490MTUS$
4
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
Any
Any other
than
Subject
Countries
IndonesiaAny Any 490MTUS$
5
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
Any
Republic of
Korea
Any
M/s H.K.
Corporation,
Korea
Any other
than above
588MTUS$
6
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
Any
Republic of
Korea
Any
M/s Hyosung
Corporation,
Korea
M/s Hyosung
Corporation,
Korea
64MTUS$
7
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
Any
Republic of
Korea
Any
M/s Hyosung
Corporation,
Korea
Any other
than above
588MTUS$
8
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
Any
Republic of
Korea
Any
M/s Saehan
Industies Inc,
Korea
M/s Saehan
Industies Inc,
Korea
NilMTUS$
9
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
Any
Republic of
Korea
Any
M/s Saehan
Industies Inc,
Korea
Any other
than above
588MTUS$
10
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Drawn or
Fully Printed Yarn or Spin
Draw Yarn or Flat Yarn of
Polyester
Any
Republic of
Korea
Any
M/s Huvis
Corporation,
Korea
M/s Huvis
Corporation,
Korea
NilMTUS$
11
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
Any
Republic of
Korea
Any
M/s Huvis
Corporation,
Korea
Any other
than above
588MTUS$
12
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
Any
Republic of
Korea
Any
Any other than
the Korean
producers
named above
Any 588MTUS$
13
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
Any
Any other
than
Subject
Countries
Republic
of Korea
Any Any 588MTUS$
14
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
AnyMalaysia Any
M/s Hyalon
Corporation.
M/s Hyalon
Corporation.
163MTUS$
15
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester Polyester
AnyMalaysia Any
M/s Hyalon
Corporation.
Any other
than above
456MTUS$
S.No.
Tariff
headings
Description of goods
Specifi-
cation
Country of
origin
Country
of Export
Producer Exporter
Amo-
unt
Unit of
Measur-
ement
Curr-
ency
(1)(2) (3) (4) (5) (6) (7) (8) (9)(10)(11)
16
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
AnyMalaysia AnyAny other than
above
Any 456MTUS$
17
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
Any
Any other
than
Subject
Countries
MalaysiaAny Any 456MTUS$
18
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
Any
Chinese
Taipei
Any
M/s Nan Ya
Plastics
Corporation
M/s Nan Ya
Plastics
Corporation
40MTUS$
19
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
Any
Chinese
Taipei
Any
M/s Nan Ya
Plastics
Corporation
Any other
than above
390MTUS$
20
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
Any
Chinese
Taipei
Any
Any other than
above
Any 390MTUS$
21
5402 44
00,
5404 46
00 or
5402 47
00
Fully Drawn or Fully Printed
Yarn or Spin Draw Yarn or Flat
Yarn of Polyester
Any
Any other
than
Subject
Countries
Chinese
Taipei
Any Any 390MTUS$
S.No.
Tariff
headings
Description of goods
Specifi-
cation
Country of
origin
Country
of Export
Producer Exporter
Amo-
unt
Unit of
Measur-
ement
Curr-
ency
(1)(2) (3) (4) (5) (6) (7) (8) (9)(10)(11)
Provided that no anti-dumping duty shall be imposed on subject goods produced and exported by M/s H.K. Corporation,
Republic of Korea, the product specification of which is specified in column (2) of Table II below, when imported into India, if
the free on board (FOB) Korea price of such imported goods is equal to or higher than the price specified in the corresponding
entry in column (3) of the said Table II:
Table II.
S.No Product specification. Price (in US$ per kg).
(1) (2) (3)
1Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester 75/36 SBR 1.40
2Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester 75/36 SD 1.46
3Fully Drawn or Fully Printed Yarn or Spin Draw Yarn or Flat Yarn of Polyester 75/72 SD 1.46
Provided further that if M/s H.K. Corporation, Republic of Korea, export goods other than those specified in Table II, such
products shall attract the applicable anti-dumping duty as specified in Table I.
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the
provisional anti-dumping duty, i.e. the 21
st
August, 2006, and shall be paid in Indian currency.
Explanation . - For the purposes of this notification, "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 Customs Act, 1962 (52 of 1962) and the relevant date for 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.354/80/2006-TRU]
