Polyester Film from Korea and Indonesia – Final Findings

Ntfn 48         Whereas in the matter of import of
10.05.2001   Polyester film, falling under sub-
                     heading No. 300610 or 3920 69 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of Korea and Indonesia, the designated authority vide its preliminary findings, published in the Gazette of India, extraordinary, Part I, Section 1, dated the 14th August, 2000 -

AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th March, 2001 has come to the conclusion that-

(a)  Polyester film originating in, or exported from, the People’s Republic of Korea and Indonesia has been exported to India below normal value, resulting in dumping;

(b)  The Indian domestic industry has suffered material injury;

(c)  No injury has been caused as a result of import of sun/dust controlled polyester film and polyester films for capacitor applications, wherein the import prices were found to be higher than US $ 6.50 per Kilogramme; and

(d)  The injury has been caused cumulatively by the imports from the subject countries;

AND WHEREAS M/s Toray Saehan Inc. and M/s Saehan Industries, People’s Republic of Korea, have given an undertaking under rule 15 of Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, not to export polyester film of the grade mentioned in column (2) of the Table annexed hereto, of thickness mentioned in corresponding entry in column (3) of the said Table and of length mentioned in corresponding entry in column (4) of the said Table, falling under sub-heading No. 3006 10 OR 3920 69, below the “landed value” mentioned in corresponding entry in column (5) of the said Table-

Table I

SNo.

Description of Polyester film

Landed value (US $ Per Kg.)

 

Grade

Thickness

Length

(1)

(2)

(3)

(4)

(5)

1

Packaging film

8,30 micron

6000-36000mm

1.979

2

Polyester film(excluding Packaging or sun/dust controlled)

XA:9-16 micron XV: 11-17 micron XG:16-32 micron

XA: 5000-15000mm XV:14000-17000mm XG:500-6000mm

1.721

an anti -dumping duty at the rate specified in column (5) of the said Table II.

Table II

SNo

Country

Name of the Exporter

Grade or films

Amount of duty (US $Per kg.)

(1)

(2)

(3)

(4)

(5)

1

Indonesia

(1) M/s PT Kolon

 

 

(2) Other Exporters

Packaging Polyester films

Polyester films (excluding packaging or sun/dust controlled)

Packaging Polyester film

Polyester films (excluding packaging or sun/dust controlled

0.356

0.477

 

0.710

0.477

2

People’s Republic of Korea

(1) M/s Kolon Industries Inc.

 

 

(2) All other exporters (other than M/s Toray Saehan Inc. or Saehan Industries)

Packaging Polyester film

Polyester films (excluding packaging or sun/dust controlled)

Packaging Polyester films

Polyester films (excluding packaging or sun/dust controlled)

0.358

NIL

 

0.982

0.614

Provided that no anti-dumping duty shall be imposed on Polyester film of 9 micron and above, of the grades specified in column (4) of the said Table II, falling under sub-heading No. 3006 10 or 3920.69 of the First Schedule to the said Customs Tariff Act, exported by M/s Toray Saehan Inc. or M/s Saehan Industries, People’s Republic of Korea, if the landed value, per kilogramme of such Polyester film is equal to or higher than the price undertaking submitted by the said M/s Toray Saehan Inc. or M/s Saehan Industries;

Provided further that anti-dumping duty at the rates specified in the Table III annexed hereto shall be imposed on Polyester film of 9 micron and above, of the grades specified in column (4) of the said Table II, falling under sub-heading No. 3006 10 or 3920.69 of the First Schedule to the said Customs Tariff Act, exported by M/s Toray Saehan Inc. or M/s Saehan Industries, People’s Republic of Korea, and the assessment shall be provisional, if the landed value of such polyester film is lower than the price undertaking submitted by the M/s Toray Saehan Inc. or M/s Saehan Industries;

Table III

SNo

Grade of Polyester films

Amount of duty (in US $ Per Kg.)

1

Packaging polyester films

0.281

2

Polyester films (excluding packaging or sun/dust controlled)

0.252

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 15th November, 2000, and shall be paid in Indian currency.

3. Nothing contained in this notification shall apply to import of Polyester films, of with up to 30 mm and having landed value higher than US $ 6.50 per kilogramme, for capacitor applications, originating in, or exported from, the People’s Republic of Korea and Indonesia, if the importer follows the procedure set out in the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996.