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THE CUSTOMS TARIFF ACT 1975 (Notification)
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Notification No. 3 /2012-Customs (ADD) , F.No.354/19/2006 -TRU, Dated , 13th January, 2012

Whereas, the designated authority vide notification No. 15/14/2010-DGAD, dated the 27th August,2010, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 27th August,2010, 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 Nylon 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, Chinese Taipei, Malaysia, Thailand and Korea RP imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue),No. 85/2006-Customs, dated the 29th August, 2006, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.512(E), dated the 29th August,2005, and had recommended continuation of the anti-dumping duty vide notification No. 15/14/2010-DGAD, dated the 19th November,2011, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 19th November,2011.

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, specification of which is specified in column (4) of the Table below, falling under chapter of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (3),originating in the country specified in the corresponding entry in column (5), and exported from the country specified in the corresponding entry in column (6) and produced by the producer specified in the corresponding entry in column (7) and exported by the exporter 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 Chapter Description of goods Specification Country of origin Country of export Producer Exporter Amount Unit of Measurement Currency
(1) (2) (3) (4) (5) (6) (7) (8 ) (9 ) (10) (11)
1

54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon China PR China PR Any Any 1.27 Kg US dollar
2 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon China PR Any country other than subject countries Any Any 1.27 Kg US dollar
3 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon yarn of nylon and fishnet yarn of nylon Any Country Other than subject countries China PR Any Any 1.27 Kg US dollar
4 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Korea RP Korea RP Any Any 1.14 Kg US dollar
5 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Any country other than subject countries Korea Any Any 1.14 Kg US dollar
6 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Korea RP Any country other than subject countries Any Any 1.14 Kg US dollar
7 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Chinese Taipei Chinese Taipei M/s Suntex Fiber Co Ltd M/s Suntex Fiber Co Ltd 0.31 Kg US dollar
8 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Chinese Taipei Chinese Taipei Any other combination of producer and exporter at 7 above 0.54 Kg US dollar
9 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Any country other than subject countries Chinese Any Any 0.54 Kg US dollar
10 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Chinese Taipei Any country other than subject countries Any Any 0.54 Kg US dollar
11 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Malaysia Malaysia M/s Recron (Malaysia) Sdn. Bhd M/s Recron (Malaysia) Sdn. Bhd 0.20 Kg US dollar
12 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Malaysia Malaysia Any other combination of producer and exporter at 11 above 0.79 kg US dollar
13 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Malaysia Any country other than subject countries Any Any 0.79 Kg US dollar
14 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Any country other than subject countries Malaysia Any Any 0.79 Kg US dollar
15 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Thailand Thailand Thai Taffeta Co. Ltd Thai Taffeta Co. Ltd 1.06 Kg US dollar
16 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Thailand Thailand Any other combination of producer and exporter at 15 above 1.51 Kg US dollar
17 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Any country other than subject countries Thailand Any Any 1.51 Kg US dollar
18 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Thailand Any country other than subject countries Any Any 1.51 Kg US dollar
19 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Indonesia Indonesia M/s Indachi prima M/s Indachi prima 0.91 Kg US dollar
20 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Indonesia Indonesia M/s PT Susilia Indah Synthetic Fiber Industries M/s PT Susilia Indah Synthetic Fiber Industries 0.46 Kg US dollar
21 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Indonesia Indonesia Any other combination of producer and exporter at 19 and 20 above 1.11 Kg US dollar
22 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Any country other than subject countries Indonesia Any Any 1.11 Kg US dollar
23 54 Nylon Filament yarn Synthetic filament yarn of nylon or other polyamides, excluding all high tenacity yarn of nylon and fishnet yarn of nylon Indonesia Any country other than subject countries Any Any 1.11 Kg US dollar

Provided that no anti dumping duty shall be payable on imports of:

A.

i. Nylon flame retardant yarn,

ii. Nylon air texturised yarn,

iii. Nylon 66 and Nylon 11 yarn,

iv. 170/24 and Nylon 280/14 denier yarn used for hook and loop tape fasteners,

v. U.V treated yarn,

if their landed price is above US$ 4.24, and

B. Nylon monofilament yarn, if their landed price is above US$ 5.17.

Provided further that the tolerance limit in case of above specified denierage would be as per applicable customs and excise notification.

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 12th January, 2018.

Explanation. - For the purposes of this notification, -

(i) "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; and

(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.