Regarding anti dumping duty on Circular Weaving Machines originating in or exported from China PR - 10/2011-Customs - Anti Dumping Duty

[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.10/2011-Customs New Delhi, the 16 th February, 2011 G.S.R. 95 (E). Whereas the designated authority in its preliminary findings vide notification number 14/25/2008-DGAD, dated the 16 th February, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16 th February, 2010, had come to the conclusion that various parameters relating to domestic industry collectively and cumulatively established that the domestic industry had suffered material injury in case of imports of Circular Weaving Machines having six or more shuttles for weaving PP/HDPE Fabrics of a width exceeding 30 cms., originating in or exported from China PR (hereinafter referred to as the subject country) falling under heading 8426 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), and had recommended imposition of provisional anti-dumping duty on the imports of the said equipment, originating in or exported from, China PR; And whereas, on the basis of the aforesaid preliminary findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the Circular Weaving Machines having six or more shuttles for weaving PP/HDPE Fabrics of a width exceeding 30 cms, originated in or exported, from China PR vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 49/2010-Customs , dated 12 th April, 2010 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 314(E), dated the 12 th April, 2010; And whereas, the designated authority in its final findings vide notification number 14/25/2008-DGAD dated 16 th November 2010 published in the Gazette of India, Extraordinary, Part I, Section I, dated the 16 th November, 2010, has come to the conclusion that- (a) The subject goods have entered the Indian market from the subject country at prices less than their normal value in the domestic market of the exporting country; (b) The dumping margins of the subject goods imported from the subject country are above the de minimis; (c) The domestic industry has suffered material injury on account of dumped imports. 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 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 subject goods, the description of which is specified in column (3) of the Table below, falling under sub- heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4), and produced by the producers as specified in the corresponding entry in column (5), when exported from the country as specified in the corresponding entry in column (4), by the exporters as specified in the corresponding entry in column (6), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (7), of the said Table S.No. Tariff Head Description Of Goods Country of Origin/Country of Export Producer Exporter Amount of Duty (US$/machine) (1) (2) (3) (4) (5) (6) (7) 1 8446.21 8446.21.90 8446.29 1 [8446.29.90] Circular Weaving Machines having six or more shuttles for weaving PP/HDPE Fabrics of width exceeding 30 cms. China PR/ Austria Starlinger Plastic Machinery Company (Taicang), China Starlinger Co. Gesellschaft m.b.H, Austria Nil 2 8446.21 8446.21.90 8446.29 1 [8446.29.90] Circular Weaving Machines having six or more shuttles for weaving PP/HDPE Fabrics of width exceeding 30 cms. China PR/ Austria Any other combination of producer and exporter 1193.00 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 imposition of the provisional anti-dumping duty, that is, the 12 th April, 2010 for the imports of the subject goods originating in or exported from, 2 [China PR and Austria] and the anti-dumping duty imposed shall be payable in Indian currency. Explanation : For the purposes of this notification, 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. [F.No.354/31/2010 TRU] (Naveen Kumar Vidyarthi) Under Secretary to the Government of India ************** Notes:- As corrected vide corrigendum notification dated 15-4-2011 , before it was read as, 8446.29.00 As corrected vide corrigendum notification dated 15-4-2011 , before it was read as, China PR and Israel