CUS NTF NO. 106/2004 DATE 13/10/2004

CUS NTF NO. 106/2004 DATE 13/10/2004

Antidumping duty on import of certain Polyester Staple Fibres originating in, or exported from, People’s Republic of Korea, Malaysia, Taiwan and Thailand

Whereas in the matter of import of certain Polyester Staple Fibres (hereinafter referred to as ‘the subject goods’), falling under tariff item 5503 20 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People’s Republic of Korea, Malaysia, Taiwan and Thailand (hereinafter referred to as ‘the subject countries’), the designated authority vide its final findings notification No.22/1/2001-DGAD dated the 24th December, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th December, 2002, had come to the conclusion that-

(a) the subject goods, originating in, or exported from, the subject countries have been exported to India below normal value, resulting in dumping;

(b) the Indian industry has suffered material injury and threat thereof;

(c) injury has been caused by imports from the subject countries;

And whereas on the basis of aforesaid final findings of the designated authority, the Central Government had imposed final anti-dumping duty vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue) No. 45/2003-Customs, dated the 21st March, 2003, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 21st March, 2003 [G.S.R. 231(E), dated the 21st March, 2003];

And whereas the Customs Excise and Service Tax Appellate Tribunal, (hereinafter referred to as the Tribunal), in its order dated the 30th June 2004 in the Appeals No.C/S/922-23, C/S/1391/03-AD & No. C/M/344/03-AD, C/256-57 & C/321 & C/300/03-AD in the matter of M/s Indian Spinners Association and Others vs. The Designated Authority, has held that the aforesaid findings of the designated authority regarding material injury and threat of injury are not sustainable;

And whereas, the designated authority has accepted the aforesaid order of the Tribunal dated the 30th June 2004, and issued a Corrigendum vide No. 22/1/2001-DGAD dated 13th August 2004 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th August 2004, recommending withdrawal of the anti-dumping duty imposed above;

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, hereby rescinds the notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 45/2003–Customs, dated the 21st March 2003, [G.S.R.231 (E), dated the 21st March, 2003], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 21st March, 2003.

[F.No.354/13/2002-TRU (Pt.1)]

Sd/-
(Anupam Prakash)
Under Secretary to the Government of India