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

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No.

336]

NEW DELHI, THURSDAY, JUNE 28, 2001/ASADHA 7, 1923

2040 GI/2001

(1)

2

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC. 3(i)]

3

MINISTRY OFF1NAJVCE

(Department of Revenue)

NOTIFICATION

New Delhi, the 28th June, 2001

No. 72/2001-CUSTOMS

G.S.R. 487(E).— WHEREAS in the matter of import of Acrylic Fibre falling under Chapter 55 of the First

Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from USA, Thailand and

Korea RP (hereinafter referred to as "subject countries"), the Designated Authority, vide its final findings,

published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th October, 1997, had come

to the conclusion that -

(a) Acrylic Fibre originating in, or exported from, USA, Thailand and Korea RP, has been exported to

India below its normal value;

(b) the domestic industry has suffered material injury;

(c) the injury has been caused to the domestic industry by the exports originating in or exported from

USA, Thailand and Korea RP;

AND WHEREAS on the basis of the aforesaid final findings of the Designated Authority, the Central

Government had imposed anti-dumping duty vide notification of the Government of India in the Ministry

of Finance (Department of Revenue), No. 81/97-Customs, dated the 24th October, 1997 [G.S.R. 619(E),

dated the 24th October, 1997], published in Part II, Section 3, Sub-section (i) of the Gazette of India,

Extraordinary, dated the 24th October, 1997;

AND WHEREAS the Designated Authority vide its final findings in review, published in Part I,

Section 1 of the Gazette of India, Extraordinary, dated the 19th April, 2000, had concluded that -

(a) Acrylic Fibre originating in, or exported from, subject countries has been exported to India below

its normal value;

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THE GAZETTE OF INDIA. EXTRAORDINARY

[PARI II—SEC. 3(i)l

(b) the domestic industry would suffer material injury in case the anti-dumping duty in force is

removed;

(c) the injury to the domestic industry would be caused from imports from subject countries in case

the anti-dumping in force is removed;

AND WHEREAS on the basis of the final findings in review of the Designated Authority, the Central

Government had imposed anti-dumping duty vide notification of the Government of India in the Ministry

of Finance (Department of Revenue), No. 86/2000-Customs, dated the 8th June, 2000 [G.S.R. 527 (E),

dated the 8th June, 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of India,

Extraordinary, dated the 8th June 2000;

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi (hereinafter

referred to as CEGAT), in its final order No. 1/2001-AD. dated the 12th February, 2001 in Appeal No.

C/266/2000-AD with C/Cross/304/2000-AD in the matters of M/s. Thai Acrylic Fibre Company Ltd. and

Forum of Acrylic Fibre Manufacturers respectively has held that " the anti-dumping duty imposable on all

exporters from USA comes to 0.296 US $ per kg., anti-dumping duty on all exporters from Korea RP

works out to 0.534 US$ per kg. and in the case of M/s. Thai Acrylic Fibre Company Ltd. it is 0.180 US$

per kg. and all other exporters from Thailand at 0.784 US$ per kg. It is given in a tabular form herein

below:

S.No.

1.

2.

3.

Name of the Country

USA

Korea RP

Thailand

Name of the Exporter

All Exporters

All Exporters

(i) Thai Acrylic Fibre Co. Ltd

(ii) All Other Exporters

Amount of duty

(US $ per kg.)

0.296

0.534

0.180

0.784" ;

AND WHEREAS the Designated Authority has accepted the above order of CEGAT dated the

12th February, 2001;

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1), (5) and (6) of

section 9A of the said Customs Tariff Act, read with rule 23 of the Customs Tariff (Identification,

Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury)

Rules', 1995, and in supersession of the notification of the Government of India in the Ministry of Finance

(Department of Revenue), No. 86/2000-Customs, dated the 8th June, 2000 [G.S.R. 527 (E), dated the 8th

June, 2000], pubhshed in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the

8th June, 2000, the Central Government, except as respects things done or omitted to be done before s"uch

supersession, hereby imposes on the said Acrylic Fibre falling under Chapter 55 of the First Schedule to

the said Customs Tariff Act, when originating in, or exported from, the countries specified in column (2) of

(he Table hereto annexed, by the exporters mentioned in the corresponding entry in column (3) of the said

Table and imported into India, an anti-dumping duty at the rate specified in the corresponding entry in

column (4) of the said Table.

TABLE

S.No.

(1)

1.

2.

3.

Name of the Country

(2)

USA

Korea RP

Thailand

Name of the Exporter

(3)

All Exporters

All Exporters

M/s. Thai Acrylic Fibre Company Ltd.

Other Exporters

Amount of duty

(US $ per kg.)

(4)

0.296

0.534

0.180

0.784