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Core Purpose

Notification continuing the anti-dumping duty on imports of flax yarn of below 70 lea count originating in or exported from China PR under the Customs Tariff Act, 1975.

Detailed Summary

Issued by the Ministry of Finance, Department of Revenue as Notification No. 10/2023-Customs (ADD), G.S.R. 735(E) dated 12th October 2023, the notification follows a sunset review initiated by the designated authority (Notification No. 7/03/2023-DGTR dated 31st March 2023) under sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) 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 the designated authority's final findings (Notification No. 7/03/2023-DGTR dated 16th July 2023) that cessation of the duty would likely lead to continuation or recurrence of dumping and injury to the domestic industry; in exercise of powers under sub-sections (1) and (5) of section 9A read with rules 18, 20 and 23, and in supersession of Notification No. 53/2018-Customs (ADD) dated 18th October 2018 (G.S.R. 1044(E)), the Central Government imposes anti-dumping duty on flax yarn of below 70 lea count (or below 42 nm), Tariff Sub-headings 5306 10 and 5306 20 of the First Schedule to the Customs Tariff Act, originating in or exported from China PR, at USD 2.42/kg for Jiangsu Jinyuan Flax Co., Ltd./Zhejiang Jinyuan Flax Co., Ltd./Zhejiang Kingdom Linen Co., Ltd., USD 2.29/kg for Yixing Sunshine Linen Textile Co., Ltd., and USD 4.83/kg for all other producers/exporters, payable in Indian currency for a period of five years from publication unless revoked, superseded or amended earlier; the notification is signed by Vikram Vijay Wanere, Under Secretary, under F. No. CBIC-190354/194/2023-TRU.

Full Text

6511 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 582] NEW DEL HI, THURS DAY , OCTOBER 12 , 2023/ ASVINA 20, 1945 CG-DL-E-12102023-249350 (1) (2) (3) (4) (5) (6) (7) ए8 1. 5306 10, 5306 20 2. 5306 10, 5306 20 3. 5306 10, 5306 20 MINISTRY OF FINANCE (Department Of Revenue) NOTIFICATION New Delhi, the 12 th October, 2023 No. 10/2023 -Customs (ADD) G.S.R. 735(E).—Whereas, the designated authority, vide notification No. 7/03/2023 -DGTR, dated the 31st March, 2023, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st March, 2023, had initiated the review in terms of sub -section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), read with rule 23 of the Customs Tariff (Identification, Assessment and Colle ction of Anti -dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti -dumping duty on imports of “flax yarn of below 70 lea count” (hereinafter referred to as the subject goods) falling under Tari ff Sub -headings 5306 10 or 5306 20 of the First Schedule to the Customs Tariff Act, originating in or exported from China PR (hereinafter referred to as the subject country) initially imposed, vide notification of the Government of India, Ministry of Finan ce (Department of Revenue), No. 53/2018 -Customs (ADD), dated the 18th October, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i), vide number G.S.R. 1044(E), dated the 18th October, 2018; And whereas, in the matte r of review of anti -dumping duty on imports of the subject goods, originating in or exported from the subject countries, the designated authority in its final findings, published, vide notification No. 7/03/2023 -DGTR, dated the 16th July, 2023, published i n the Gazette of India, Extraordinary, Part -I, Section 1, dated the 17th July, 2023, has come to the conclusion that, - (i) there is likelihood of continuation or recurrence of dumping and injury in case the anti -dumping duty in force is allowed to cease at thi s stage; (ii) the likelihood analysis shows that significant exports of the subject goods from the subject country to third countries other than India are at dumped and injurious prices; (iii) there is significant price attractiveness to make exports to India as price to third countries are below the price to India; and has recommended continued imposition of the anti -dumping duty on imports of the subject goods, originating in or exported from the subject country, in order to remove injury to the domestic industr y. Now, therefore, in exercise of the powers conferred by sub -sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 read with rules 18, 20 and 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, Ministry of Finance (Department of Revenue), No. 53/2018 -Customs (ADD), dated the 18th October, 2018, published in the Gazette of Indi a, Extraordinary, Part II, Section 3, Sub -section (i), vide number G.S.R. 1044(E), dated the 18th October, 2018, the Central Government, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the de scription of which is specified in column (3) of the Table below, falling under Tariff Item of the First Schedule to the Customs Tariff Act as specified in the corresponding entries in column (2), originating in the country as specified in the correspondin g entries in column (4), exported from the country as specified in the corresponding entries in column (5), produced by the producers as specified in the corresponding entries in column (6), an anti -dumping duty at the rate equal to the amount as indicated in the corresponding entries in column (7), in the unit as specified in the corresponding entries in column (8), namely : - TABLE S. No. Tariff Item Description of Goods Country of Origin Country of Export Producer/ exporter Duty Amount Unit (1) (2) (3) (4) (5) (6) (7) (8) 1. 530610, 530620 Flax Yarn of below 70 Lea Count (or below 42 nm) China PR Any including China PR Jiangsu Jinyuan Flax Co., Ltd./ Zhejiang Jinyuan Flax Co., Ltd.,/ Zhejiang Kingdom Linen Co., Ltd. 2.42 USD/KG 2. 530610, 530620 Flax Yarn of below 70 Lea Count (or below 42 nm) China PR Any including China PR Yixing Sunshine Linen Textile Co., Ltd. 2.29 USD/KG 3. 530610, 530620 Flax Yarn of below 70 Lea Count (or below 42 nm) China PR Any including China PR Any other than the producers at Sl. No. 1-2 4.83 USD/KG 2. The anti -dumping duty imposed under this notification shall be levied for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be payable in Indian currency. Explanation .- For the purposes of this notification, rate of exchange applicable for the purpose of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Gove rnment of India, Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be th e date of presentation of the bill of entry under section 46 of the said Customs Act. [F. No. CBIC -190354/194/2023 -TRU] VIKRAM VIJAY WANERE, Under Sec y. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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