REGD. NO. D. L.-33004/99

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 422 |

NEW DELHI, THURSDAY, SEPTEMBER 12, 2002/BHADRA 21,1924

MINISTRY OF FINANCE AND COMPANY AFFAIRS

(Department of Revenue)

NOTIFICATION

New Delhi, the 12th September, 2002

No. 48/2002-Central Excise

G.S.R. 638(E).—In exercise of the powers conferred by Sub-section (1) of Section 5 A of the Central Excise Act, '

1944 (1 of 1944), read with Sub-section (3) of Section 3 of the Additional Duties of Excise (Goods of Special Importance) Act,

2875 GI/2002

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THE GAZETTE OF INDIA: EXTRAORDINARY

[PART H—SEC. 3(i)j

1957 (58 of 1957) and sub-section (3) of Section 3 of the Additional Duties of Excise (Textile and Textile Articles) Act, 1978

(40 of 1978), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the

following further amendment in the notification of the Government of India in the erstwhile Ministry of Finance (Department

of Revenue), No. 32/99-Central Excise, dated the 8th July, 1999, namely :—

I n the said notification, in the opening paragraph, for the portion beginning with the words, "hereby exempts" and

ending with the words "Scheme Area,", the following shall be substituted, namely :—

"hereby exempts the goods specified in the First Schedule and the Second Schedule to the Central Excise Tariff

Act, 1985 (5 of 1986) other than—

(a) goods falling under Chapter 24 of the said First Schedule, and

(b) goods produced from crude petroleum oils and falling under Chapter 27 of the said First Schedule,

and cleared from a unit located in the Growth Centre or Integrated Infrastructure Development Centre or Export

Promotion Industrial Park or Industrial Estates or Industrial Area or Commercial Estate or Scheme Area,".

[F.NO.354/178/2001-TRU]

VIVEK PRASAD, Under Secy.

Note.—The principal notification No. 32/99-Central Excise, dated the 8th July, 1999 was published in the Gazette of India,

Extraordinary vide G.S.R. 508(E), dated the 8th July, 1999 and was last amended by notification No. 5/2002-Central

Excise, dated the 12th February, 2002 [G.S.R. 97(E), dated the 12th February, 2002].

3

NOTIFICATION

New Delhi, the 12th September, 2002

NO.95/2002-CUSTOMS

C.S.R. 639(E).—Whereas in the matter of import of Acrylic Fibre, below 1.5 denier (1.65 DX), falling under sub-

heading 5501.30 or 5503.30 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from,

Italy, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section

1, dated the 6th December, 2001, had come to the conclusion that—

(a) Acrylic Fibre has been exported to India from Italy below its normal value;

(b) the domestic industry has suffered injury;

(c) the material injury has been caused by the dumped imports from Italy;

And the designated authority had considered it necessary to impose anti-dumping duty, provisionally pending

final determination, on all imports of Acrylic Fibre, below 1.5 denier (1.65 DX), originating in or exported from

Italy;

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had

imposed an anti-dumping duty vide notification No. 4/2002-Customs, dated the 10th January, 2002, published in Part II,

Section 3, Sub-section (i)ofthe Gazette of India, Extraordinary, dated the 10th January, 2002 vide No. G.S.R. 19 (E), dated

the 10th January, 2002;

And whereas, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part

I, Section I, dated the 12th August, 2002, has come to the conclusion that—

(a) Acrylic Fibre (below 1.5 denier) has been exported to India from Italy below its normal value;

(b) the Indian industry has suffered injury;

(c) the injury has been caused by the dumped imports from Italy;

Now, therefore, in exercise of the powers conferred by Sub-sections (I) and (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 above

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THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC.3(0]

findings of the designated authority, hereby imposes on Acrylic Fibre, below 1.5 denier (1.65 DX), falling under sub-

heading 5501.30 or 5503.30 of the First Schedule to the said Customs Tariff Act, originating in, or exported from Italy, and

exported by exporters/producers specified in column (2) of the Table given below, and imported into India, an anti-dumping

duty at the rate specified in the corresponding entry in column (3) of the said Table.

TABLE

Name of the country

(1)

Italy

Name of the exporter

(2)

Montefibre, Italy

All other exporters/producers

Anti dumping duty (US S per kg.)

(3)

0,32

0.41

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition

of the provisional anti-dumping duty, i.e., the 10th January, 2002, and shall be payable in Indian currency.

Explanation.—For the purposes of this notification, 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.

[F.NO.354/2I9/2001-TRU]

VIVEK PRASAD, Under Secy.

NOTIFICATION

New Delhi, the 12th September, 2002

No. 96/2002-CUSTOMS

•'V.S.R. C40(E).—In exercise of powers conferred by Sub-section (2) of Section 9A of the Customs Tariff Act, 1975

(51 of 1975), read with rules 13 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 (Department of Revenue), No. 4/2002-

CUSTOMS, dated the I Oth January, 2002 [G.S.R. 19(E), dated the 10th January, 2002], except as respects things done or

omitted to be done before such rescission.

[F. No. 354/219/2001-TRU]

V1VEK PRASAD, Under Secy.

_ 5

6

THE GAZETTE OF INDIA; EXTRAORDINARY

[PART II—SEC. 3(i)]

NOTIFICATION

New Delhi, the 12th September, 2002

No. 97/2002-CUSTOMS

G.S.R 641(E).—Whereas in the matter of import of Partially Oriented Yarn (POY) of polycrsters (hereinafter

referred to as 'the subject goods'), falling under sub-heading 5402.42 of the First Schedule to the Customs Tariff Act, 1975

(51 of 1975), originating in, or exported from Turkey and Korea RP (hereinafter referred to as 'the subject countries'), the

designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated

Ihe 23rd November. 2001, had come to the conclusion that —

(a) the exporters from the subject countries havr been exporting the subject goods below normal value resulting in

clumping:

(b) the Indian industry has suffered material injury;

(c) the injury has been caused cumulatively by the dumped imports of the subject goods from the subject countries;

and the designated authority had considered it necessary to impose anti-dumping duty, provisionally, pending final

determination, on all imports of the subject goods, orginating in. or expocrted from the subject countries;

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had

imposed an anti-dumping duty vide notification No. 131/2001-Customs, dated the 27th December, 2001, published in Part II,

Section 3. Sub section (i) of the Gazette of India, Extraordinary, dated the 27th December, 2001 vide No. G.S.R. 923(E), dated

the 27th December, 2001;

And whereas, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part

I. Section I. dated the 16th August, 2002, has come to the conculusion that —

(a) the exporters from the subject countries have been exporting the subject goods below normal value resulting

in dumping;

(b) the Indian industry has suffered merterial injury;

(c) the injury has been caused cumulatively by the dumped imports of the subject goods from the subject

countries;

Now, therefore, in exercise of the powers conferred by Sub-sections (1) and (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 above

findings of the designated authority, hereby imposes on Partially Oriented Yarn (POY) of polyesters, falling under sub-

heading 5402.42 of the First Schedule to the said Customs Tariff Act, originating in, or exported from Turkey and Korea RP,

and exported by exporters/producers specified in cloumn (2) of the Table given below, and imported into India, and anti-

dumping duty at the rate specified in the corresponding entry in column (3) of the said Table.

TABLE

Name of the Country

1

Turkey

Korea RP

Name of the exporter

2

M/s SASA Dupont Sabanci Polyester AS, Turkey

M/s Korteks Mensukcat Sabatu Ve Ticaret AS, Turkey, (Korteks)

Other exporters

All exporters

Anti-dumping duty

(USSperkg.)

3

0.434

0.360

0.546

0.605

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of

__7

the provisional anti-dumping duty, i.e., the 27th December, 2001, and shall be payable in Indian currency.

Explanation. — For the purposes of this notification, 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 untfer sub-clause (i) of clause (a) of Sub-

section (3) of Section 14 of the Ccustoms 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. 354/211/2001-TRU]

VIVEK PRASAD, Under Secy.

NonnovnoN

New Delhi, the 12th September, 2002

No. 98/2002-CUSTOMS

G.S.R 642 (E).—In exercise of powers conferred by Sub-section (2) of Section 9A of the Customs Tariff Act, 1975

(51 of 1975), read with rules 13 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 (Department of Revenue), No. 131/2001-

CUSTOMS, dated the 27th December, 2001 [G. S.R. 923(E), dated the 27th December, 2001], except as respects things done

or omitted to be done before such rescission.

(F.No. 354/211/2001-TRU]

VTVEK PRASAD, Under Secy.

CORRIGENDUM

New Delhi, the 12th September, 2002

G.S.R 643 (E),—In the notification of the Government of India, in the Ministry of Finance and Company Affairs

(Department of Revenue), No. 88/2002-Customs, dated the 28th August, 2002, published in the Gazette of India, Extraordinary,

Part II, Section 3, Sub-section (i) vide G.S.R. 608(E) dated the 28th August. 2002, at page 3, in lines 16 to 17,—

for "by the Sports Authority of concerned State",

read "by the Sports Authority of India or by the Sports Authority of concerned State".

[F. No. 356/30/2O02-TRU]

VIVEK PRASAD, Under Secy.

Printed by the Manager, Govt, of India Press, Ring Road. Mayapuri, N«w Delhi-110064

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