Regarding anti- dumping duty on of import of nylon filament yarn - 085/2006 - Anti Dumping Duty

Regarding anti- dumping duty on of import of nylon filament yarn 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 th March 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. 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 including synthetic monofilament of less than 67 decitex, of nylon or other polyamides, excluding all high tenacity yarn of nylon including fishnet yarn of nylon Any People's Republic of China Jinan Juda Jinan Juda 63 Kilogram Indian Rupees 2 54 Nylon Filament Yarn -do- Any People's Republic of China Any except Jinan Juda Any except Jinan Juda 63 Kilogram Indian Rupees 3 54 Nylon Filament Yarn -do- Any Chinese Taipei Suntex Fibre Co. Ltd. Suntex Fibre Co. Ltd. 8.99 Kilogram Indian Rupees 4 54 Nylon Filament Yarn -do- Any Chinese Taipei Lipeng Enterprises Lipeng Enterprises 34.41 Kilogram Indian Rupees 5 54 Nylon Filament Yarn -do- Any Chinese Taipei Any except Suntex Fibre Lipeng Enterprises Any except Suntex Fibre Lipeng Enterprises. 41.43 Kilogram Indian Rupees 6 54 Nylon Filament Yarn -do- Any Indonesia Any Any 77.93 Kilogram Indian Rupees 1 [ "7 54 Nylon Filament Yarn Synthetic filament yarn including synthetic monofilament of less than 67 decitex, of nylon or other polyamides, excluding all high tenacity yarn of nylon including fishnet yarn of nylon Malaysia Malaysia Recron (Malaysia) Sdn. Bhd. Recron (Malaysia) Sdn. Bhd. 13.80 Kilogram Indian Rupees 7A 54 Nylon Filament Yam Synthetic filament yarn including synthetic monofilament of less than 67 decitex, of nylon or other polyamides, excluding all high tenacity yarn of nylon including fishnet yarn of nylon Malaysia Malaysia Any other combination of producer and exporter Any other combination of producer and exporter 24.24 Kilogram Indian Rupees 8 54 Nylon Filament Yarn Synthetic filament yarn including synthetic monofilament of less than 67 decitex, of nylon or other polyamides, excluding all high tenacity yarn of nylon including fishnet yarn of nylon Malaysia Any other than People's Republic of China , Chinese Taipei, Indonesia, Thailand and Republic of Korea. Any Any 24.24 Kilogram Indian Rupees 8A 54 Nylon Filament Yam Synthetic filament yarn including synthetic monofilament of less than 67 decitex, of nylon or other polyamides, excluding all high tenacity yarn of nylon including fishnet yarn of nylon Any other than People's Republic of China , Chinese Taipei, Indonesia, Thailand and Republic of Korea . Malaysia Any Any 24.24 Kilogram Indian Rupees" ] 9 54 Nylon Filament Yarn -do- Any Thailand Asia Fibre Public Company Ltd. Asia Fibre Public Company Ltd. 25.77 Kilogram Indian Rupees 10 54 Nylon Filament Yarn -do- Any Thailand Thai Taffeta Thai Taffeta 22.40 Kilogram Indian Rupees 11 54 Nylon Filament Yarn -do- Any Thailand Any except Asia Fibre Public Co. Ltd. and Thai Taffeta Any except Asia Fibre Public Co. Ltd. and Thai Taffeta 32.03 Kilogram Indian Rupees 12 54 Nylon Filament Yarn -do- Any Korea RP Taekwang Industrial Co. Ltd. Taekwang Industrial Co. Ltd. 23.74 Kilogram Indian Rupees 13 54 Nylon Filament Yarn -do- Any Korea RP Hyosung Corporation Hyosung Corporation 44.96 Kilogram Indian Rupees 14 54 Nylon Filament Yarn -do- Any Korea RP Any except Taekwang Industrial Co Ltd. Hyosung Corporation Any except Taekwang Industrial Co Ltd. Hyosung Corporation 51.94 Kilogram Indian Rupees 15 54 Nylon Filament Yarn -do- China PR, Chinese Taipei, Malaysia, Indonesia, Thailand, Korea RP Any except China PR, Chinese Taipei, Malaysia, Indonesia, Thailand, Korea RP Any Any 77.93 Kilogram Indian Rupees 2 [ " Provided that no anti dumping 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,- (a) Rs. 172 per kg for the goods originating in or exported from the subject countries except Malaysia, (b) Rs. 204.57 per kg for goods originating in or exported from Malaysia. ] 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. 3 [ This notification, unless revoked earlier, shall remain in force up to and inclusive of the 28 th November, 2011. ] 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] ---------------------------------- Notes:- (As amended by Notifications) No. 47/2010-Cus, dated 12-4-2010 and No. 123/2010-Cus, dated 9-12-2010. 1. In the Table, in column (1) for serial Nos. 7 and 8, and the entries relating thereto, the following entries has been substituted, vide Notification No. 47/2010-Cus, dated 12-4-2010., before it was read as,- 7 54 Nylon Filament Yarn -do- Any Malaysia Hualon Corporation Hualon Corporation 4.24 Kilogram Indian Rupees 8 54 Nylon Filament Yarn -do- Any Malaysia Any except Hualon Corporation Any except Hualon Corporation 34.80 Kilogram Indian Rupees 2. Substituted vide Notification No. 47/2010-Cus, dated 12-4-2010, before it was read as,- Provided that no anti dumping 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. 3. Inserted vide Notification No. 123/2010-Cus, dated 9-12-2010. Further substituted vide Notification no. 73/2011 Cus dated 9-8-2011 , before it was read as, 3. This notification, unless revoked earlier, shall remain in force up to and inclusive of the 26th August, 2011"