[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.05 /2009-Customs
New Delhi, dated the 6
th
January, 2009
G.S.R. (E). -Whereas, the designated authority vide notification No. 15/12/2007-DGAD, dated the 14
th
December, 2007,
published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 14
th
December, 2007, had initiated review, in
terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Act) and
in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of
anti-dumping duty on Mulberry raw silk (not thrown), 2A grade and below (hereinafter referred to as the subject goods), falling
under tariff item 5002 00 10 of the said Act, originating in, or exported from the People's Republic of China (hereinafter
referred to as the subject country), imposed vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No.106/2003-Customs, dated the 10
th
July, 2003, published in Part II, Section 3, Sub-section (i) of
the Gazette of India, Extraordinary vide number G.S.R.537(E), dated the 10
th
July, 2003;
And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported
from, the subject country upto and inclusive of the 1
st
January, 2009, vide notification of the Government of India, in the Ministry
of Finance (Department of Revenue), No.01/ 2008-CUSTOMS, dated the 1
st
January, 2008, published in Part II, Section 3,
Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R.4 (E), dated the 1
st
January, 2008, published in Part
II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 1
st
January, 2008;
And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the
subject country, the designated authority vide its final findings No. 15/12/2007-DGAD, dated the 11
th
December, 2008,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11
th
December, 2008, had come to the conclusion
that-
(a) subject goods originating in or exported from the subject country had been exported to India below their normal value,
resulting in dumping; and
(b) in the event of discontinuation of anti-dumping duties on the subject goods from the subject country, dumping was likely
to continue from the subject country leading to the continuation and recurrence of injury to the domestic industry;
and had recommended continued imposition of definitive anti-dumping duty against the subject goods, originating in, or
exported from, the subject country in order to remove injury to the domestic industry;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Act, read with rule 23
of the said rules, 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 below, falling under tariff item of the First
Schedule to the said 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 producer 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 exporter as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate
which is equivalent to the difference between 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, and the landed value of such imported goods in like currency per like unit of measurement.
Table
S.
No
Tariff
item
Description of
goods
SpecificationCountry of originCountry of exportProducerExporterAmount
Unit of
measurement
Currency
(1)(2) (3) (4) (5) (6) (7) (8)(9) (10) (11)
1.
5002
00 10
Mulberry raw
silk (Not
thrown)
2A grade
and below
People's Republic
of China
People's Republic
of China
Any Any37.32kilogram
US
dollar
2.
5002
00 10
Mulberry raw
silk (Not
thrown)
2A grade
and below
People's Republic
of China
Any country other
than People's
Republic of China
Any Any37.32kilogram
US
dollar
3.
5002
00 10
Mulberry raw
silk (Not
thrown)
2A grade
and below
Any country other
than People's
Republic of China
People's Republic
of China
Any Any37.32kilogram
US
dollar
2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked,
superseded or amended earlier) and shall be paid 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 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; and
(c)
the grading of Mulberry raw silk (not thrown) shall be as per the internationally accepted grades approved by the
International Silk Association.
[F.No.354/224/2002-TRU]
(Unmesh Wagh)
Under Secretary to the Government of India.
