Notification No. 85/2006, Dated 29th Aug 2006

29^th August, 2006

Notification No.85/2006-Customs

G.S.R.   (E). – Whereas in the matter of import of nylon filament yarn of specification ‘synthetic filament yarn including synthetic monofilament of less than 67 decitex, of nylon or other polyamides falling under chapter 54 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), excluding all high tenacity yarn of nylon including fishnet yarn of nylon’ (hereinafter referred to as the subject goods), originating in or exported from People’s Republic of China, Chinese Taipei, Malaysia, Indonesia, Thailand and People’s Republic of Korea (hereinafter referred to as the subject countries), the Designated Authority in its preliminary findings vide notification No. 14/5/2005-DGAD, dated the 3^rd February 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3^rd  February 2006, had come to the conclusion that –

(i)                  the subject goods have been exported to India from the subject countries below their normal value;

(ii)                the domestic industry has suffered material injury;

(iii)               the injury has been caused cumulatively by the dumped imports from subject countries.

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification No. 30/2006-Customs, dated the 29^thMarch 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 29^th March 2006 vide No. G.S.R. 182 (E), dated the 29^th March 2006;

 And whereas, the designated authority, vide its final findings notification No. 14/5/2005-DGAD dated the 3^rd July 2006, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 3^rd July 2006, has come to the conclusion that-

(i)         The subject goods have been exported to India from the subject countries below their normal value;

(ii)        The domestic industry has suffered material injury;

(iii)       No injury has been caused in respect of imports of Nylon flame retardant yarn, Nylon air texturised yarn, Nylon 66 and Nylon 11 yarn, Nylon 170/24 and 280/14 denier yarn used for hook and loop tape fasteners, nylon 6 monofilament , UV treated yarn wherever their landed value is higher than Rs.172 per kg.

(iv)       The injury has been caused cumulatively by the dumped imports from subject countries.

and has recommended to impose definitive anti dumping duties on all 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) and sub-section (5) of section 9A of the said Customs Tariff Act, read with 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 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 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 countries specified in the corresponding entry in column (5), and exported from the countries specified in the corresponding entry in column (6) and produced by the producers specified in the corresponding entry in column (7) and exported by the exporters specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty which shall be equal to the amount 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.

            Provided that no antidumping duty shall be payable if the landed value of Nylon flame retardant yarn, Nylon air texturised yarn, Nylon 66 and Nylon 11 yarn, Nylon 170/24 and 280/14 denier yarn used for hook and loop tape fasteners, nylon 6 monofilament and UV treated yarn, is higher than Rs.172 per kg.

2.         The anti-dumping duty imposed under this notification shall be levied with effect from the dated of imposition of the provisional anti-dumping duty i.e., 29^th March 2006, 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, 3A, 8B, 9 and 9A of the said Customs Tariff Act.

 [F.No.354/19/2006-TRU]