Minimum Landed Price of TSP Fixed in Review

Ntfn 102       WHEREAS in the matter of import
09.10.2002   of thermal sensitive paper (hereinafter
                     referred to as TSP) falling under sub-heading 4809 90 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from, Japan, Finland, Germany and European Union, 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) TSP (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 TSP 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 on the said TSP vide notification of the Government of India in the erstwhile 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 the 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 aforesaid order of CEGAT dated the 10th November, 2000, and had amended paragraph 31 of the said final findings;

AND WHEREAS on the basis of the  aforesaid order of the CEGAT, the Central Government had imposed an anti-dumping duty on the said TSP 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 in the matter of import of said TSP, originating in, or exported from, European Union, the designated authority vide its final findings in review, published in the Gazette of India, Extraordinary, Part I Section 1, dated the 11th September, 2002 has come to the conclusion that -

(i)  TSP has been exported from the European Union to India below normal value;

(ii) the Indian industry continues to suffer material injury on account of price undercutting, price suppression, significant increase in the volume of dumped imports, increased inventory, financial losses as a result of dumped imports from European Union and is being threatened with further injury;

(iii)        the injury has been caused to the domestic industry by the dumped imports from the  European Union;

NOW, THEREFORE, in exercise of the powers conferred   by sub-sections (1) and (5)  of section 9A of the said Customs Tariff Act, 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, the Central Government on the basis of aforesaid final findings of the designated authority hereby imposes on the said TSP falling under sub-heading 4809 90 00 or heading 48.11 or heading 48.16 of the First Schedule to the said Customs Tariff Act,  originating in, or exported from, the European Union, and when exported by exporters mentioned in column (2) of the Table below, and imported into India, an anti-dumping duty at the rate equivalent to the difference between the amount mentioned in column (3) of the said Table  and the landed value of import per metric tonne of the thermal sensitive paper.

Table

SNo

Name of the exporter

Amount (in US $ per metric tonne)

(1)

(2)

(3)

1

M/s Papierfabrik August Koehler AG, Germany

2947.92

2

M/s Jujo Thermal Ltd. Finland

2947.92

3

All other exporters of European Union

2947.92

2. The anti-dumping duty shall be paid in Indian currency.

Explanation.- For the purposes of this notification,-

(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of Customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(b) rate of exchange applicable for the purposes of calculation of the 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 conferred under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act and the relevant date for 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.

[HS Code Amended by 122/30.12.2006]