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THE CUSTOMS TARIFF ACT 1975 (Notification)
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Notification No. 23 /2012-Customs (ADD), F.No.354/48/2006 -TRU (Pt), Dated, 4th May, 2012

Whereas, the designated authority vide notification No. 15/23/2010-DGAD, dated the 25th February,2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th February,2011, 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 Customs Tariff 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 imports of Viscose Filament Yarn, falling under Chapter 54 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People's Republic of China, imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue),No. 45/2006-Customs, dated the 24th May, 2006, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.308 (E), dated the 24th May, 2006, and had recommended extension of the anti-dumping duty vide notification No. 15/23/2010-DGAD, dated the 24thFebruary,2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th February,2012.

Now, therefore, in exercise of the powers conferred by sub-section (1) read with sub-section (5) of section 9A of the said Customs Tariff Act, 1975 read with rules 18 and 23 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 anti- dumping duty on the goods, the description of which is specified in column (3) of the Table below, falling under heading 5403 of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2),originating in the country specified in the corresponding entry in column (4), and exported from the country specified in the corresponding entry in column (5) and produced by the producer specified in the corresponding entry in column (6) and exported by the exporter specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate indicated in the corresponding entry in column (8) of the said Table.

Table

S. No Heading Description of goods Country of origin Country of export Producer Exporter Duty rate (ad valorem)
1 2 3 4 5 6 7 8
1 5403 Viscose Filament Yarn China PR China PR M/s Yibin Hiest Fibre Limited Corporation M/s Yibin Hiest Fibre Limited Corporation 5.04%
2 5403 Viscose Filament yarn China PR China PR Any combination of producer & exporter except at Sr. No.1 16.90%
3 5403 Viscose Filament yarn China PR Any country other than China PR Any Any 16.90%
4 5403 Viscose Filament yarn Any country other than China PR China PR Any Any 16.90%

2. The anti-dumping duty imposed shall be levied for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the official Gazette and shall be payable in Indian currency.

3. Notwithstanding anything contained in paragraph 2, this notification, unless revoked earlier, shall remain in force up to and inclusive of the 03rd May, 2018.

Explanation. - For the purposes of this notification,-

    (i) Viscose Filament Yarn herein means Viscose Rayon Filament Yarn up to 150 deniers (and + 4% permissible variation thereof) including mono filament yarn of less than 67 decitex also known as Viscose filament yarn or VFY, Rayon Filament Yarn, Art Silk Yarn, Cellulose Yarn or Rayon Yarn and includes all yarns made of 100% viscose yarns such as dyed yarn, flat yarn, microfilament micro yarn, twisted yarn (with the exclusion of embroidered yarn), doubled/ multiple ply yarn etc of VFY; and

    (ia) Embroidered yarn or thread is a yarn that is manufactured or hand spun specifically for embroidery and other forms of needlework. It is a finished product wound on support which is ready to use for embroidery applications. Embroidery Yarn is produced by the process of dying, reeling, twisting, hanking or core winding, finished product quality checking, grading and packing of raw yarn.

    (ii) "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 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.

(Sanjeev Kumar Singh)

Under Secretary to the Government of India.