Notification no 46/2019 Customs (Anti-Dumping Duty) date on 19th December, 2019 

 

 

Seeks to further amend notification No. 35/2018-Customs(ADD) regarding levy of anti-dumping duty on High Tenacity Polyester Yarn to amend the name of exporter name from " M/s. Oriental Textile (Holding) Ltd.” to “M/s. Oriental Industries (Suzhou) Ltd”.   

 The extract of CUSTOMS (ADD) Notification No. 46/2019- CUSTOMS is given below: 

    Notification No. 46/2019-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. 46/2019-Customs (ADD) 

New Delhi, the 19^th December, 2019

 

G.S.R. (E).- Whereas, in the matter of ‘High Tenacity Polyester Yarn(HTPY)’ (hereinafter referred to as the subject goods) falling under tariff item 5402 20 90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in, or exported from China PR(hereinafter referred to as subject country), and imported into India, the Designated Authority in its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 6/12/2017-DGAD, dated the 24th May, 2018 had come to the conclusion that –

 

(i)     the subject goods have been exported to India from the subject country below its normal value, resulting in dumping;

 

(ii)   the domestic industry had suffered material injury due to dumping of the product under consideration from the subject country;

 

(iii)the material injury had been caused by the dumped imports of the subject goods from subject country,

 

and had recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from the subject country and imported into India, in order to remove injury to the domestic industry;

 

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed the anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 35/2018-Customs (ADD), dated the 9^th July, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 620(E), dated the 9^th July, 2018;

 

And whereas, M/s. Oriental Industries (Suzhou) Ltd. requested Directorate General of Trade Remedies for change in name of the exporter company from “M/s. Oriental Textile (Holding) Ltd.” to “M/s. Oriental Industries (Suzhou) Ltd” in its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 6/12/2017-DGAD, dated the 24th May, 2018;

 

And whereas, the designated authority, vide amendment notification No. 30/2/2019-DGTR, dated the 24^th October, 2019 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24^th October, 2019 has come to the conclusion that the request falls within the category of name change only and there is no change in the basic nature of the business and recommended that the name of the exporter viz. “Oriental Textile (Holding) Ltd.”, be amended to “Oriental Industries (Suzhou) Ltd.” in its final findings 6/12/2017-DGAD, dated the 24^th May, 2018.

 

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the 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, after considering the aforesaid amendments to final