CUSTOMS NOTIFICATION
No.120/2001 Dated 16th November, 2001
Anti Dumping duty on thermal sensitive paper (TSP) revised
WHEREAS in the matter of import of thermal sensitive paper
(TSP) falling under sub-heading No.4809.10 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), originating in or exported from Japan,
Finland, Germany and European Union (EU), the designated authority vide its
final findings, published in the Gazette of India, Extraordinary, Part I Section
1, dated the 3rd March, 2000 had come to the conclusion that
(a) thermal sensitive paper (falling under Chapter 48) originating in, or
exported from European Union and Japan 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 dumping of the
subject goods originating in, or exported from, European Union and Japan;
AND WHEREAS on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed an anti-dumping duty vide notification of the
Government of India in the Ministry of Finance (Department of Revenue),
No.39/2000-Customs, dated the 6th April, 2000 [G.S.R. 318 (E), dated the 6th
April, 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary, dated the 6th April, 2000;
AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal
(hereinafter referred to as CEGAT), in its Final Order No.42 to 43/2000-A dated
10th November, 2000 in Appeal No.C/373/2000-AD in the matter of M/s Jujo Thermal
Ltd. Vs Designated Authority, Ministry of Commerce, had directed the Government
of India to modify the anti-dumping duty in US dollar terms;
AND WHEREAS the designated authority had accepted the above order of CEGAAT
dated the 10th November, 2000 and has amended paragraph 31 of the said final
findings; AND WHEREAS on the basis of the aforesaid Final Order, the Central
Government had imposed an anti- dumping duty vide notification of the Government
of India in the Ministry of Finance
(Department of Revenue), No.156/2000-Customs, dated the 26th December, 2000 [G.S.R.
936(E), dated the 26th December, 2000], published in Part II, Section 3,
Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th December,
2000;
AND WHEREAS M/s. Papierfabrik August Koehler Ag, Germany have requested for
review in terms of rule 22 of the Customs Tariff (Identification, Assessment and
Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995 in respect of exports made by them and the designated
authority vide notification published in the Gazette of India, Extraordinary,
Part I, Section 1 dated the 15th October, 2001 has recommended provisional
assessment of all exports of Thermal Sensitive Paper (TSP) falling under
sub-heading No.4809.10 of the First Schedule to the said Customs Tariff Act made
by the said M/s Papierfabrik August Koehler Ag, Germany with antidumping duty at
the rate of US$ 0.04390 per square meter till the completion of the review by
it; Information on this page is provided by Shakun & Company (Services) Private
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Now, therefore, in exercise of the powers conferred by sub-rule (2) of rule 22
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 findings of the designated
authority, hereby orders that pending the outcome of the said review by the
designated authority, Thermal Sensitive Paper (TSP) falling under sub-heading
No.4809.10 of the First Schedule to the said Customs Tariff Act exported by M/s
Papierfabrik August Koehler Ag, Germany, when imported into India, shall be
subjected to provisional assessment and a bank guarantee for the amount of duty
calculated at the rate of US$ 0.04390 per square meter during the period of
investigation beginning with the 1st November, 2001 and ending with the 30th
April, 2002.
2. In case of recommendation of anti-dumping duty after completion of the said
review by the designated authority, the importer shall be liable to pay the
amount of such anti-dumping duty recommended on review and imposed on all
imports into India of Thermal Sensitive Paper from M/s.Papierfabrik August
Koehler Ag, Germany from the date of initiation of the said review.
Explanation.- For the purposes of this notification, the anti-dumping duty
shall be calculated in Indian currency and the rate of exchange applicable for
the purposes of calculation of such 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 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.
Sd/-
(G.D. Lohani)
Under Secretary to the Government of India