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Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 46/2019-Customs (ADD)
New Delhi, the 19th 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
9th 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 9th 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 24th October, 2019 published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 24th 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 24th 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 findings of
the designated authority, hereby makes the following further amendments in the
notification of the Government of India, Ministry of Finance (Department of
Revenue)
No. 35/2018-Customs (ADD), dated the 9th 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 9th July, 2018, namely:-
In the said
notification, in the Table, against serial number 5,-
(i) in the entry in
column (6), for the word “Industrial”, the word “Industries” shall be
substituted;
(ii) for the entry in column (7), the entry “Oriental Industries
(Suzhou) Ltd.”, shall be substituted;
[F. No. 354/233/2018-TRU]
(Gunjan Kumar Verma)
Under Secretary to the
Government of India
Note.- The principal
notification No. 35/2018-Customs (ADD), dated the 9th July, 2018
was published, in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R. 620(E), dated the 9th July, 2018 and
subsequently amended vide
notification No. 10/2019-Customs (ADD), dated the 12th February,
2019 published in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-section (i) vide number G.S.R. 105(E), dated the 12th
February, 2019.
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