Thermal Sensitive Paper from China – Final Findings

Ntfn 73         WHEREAS in the matter of import
24.07.2002   of thermal sensitive paper (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, the Peoples’ Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8^th November, 2001 -

AND WHEREAS the designated authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8^th July, 2002, has come to the conclusion that -

(i) thermal sensitive paper (TSP) has been exported from the Peoples’ Republic of China to India below its normal value;

(ii) the Indian industry has suffered material injury on account of price undercutting, price suppression and significant increase in the volume of dumped imports from Peoples’ Republic of China and is being threatened with further injury;

(iii) the injury has been caused to the domestic industry by the dumped imports from the Peoples’ Republic of China;

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 thermal sensitive paper vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 127/2001-Customs, dated the 21^st December, 2001, [G.S.R. 915 (E), dated the 21^st December, 2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 21^st December, 2001;

AND WHEREAS the designated authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8^th July, 2002, has come to the conclusion that -

(i) thermal sensitive paper (TSP) has been exported from the Peoples’ Republic of China to India below its normal value;

(iii) the injury has been caused to the domestic industry by the dumped imports from the Peoples’ Republic of China;

AND WHEREAS the designated authority has recommended the imposition of definitive anti dumping duty on the said thermal sensitive paper originating in, or exported from, the Peoples’ Republic of China;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) thereof, and 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, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the thermal sensitive paper 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 Peoples’ Republic of China, when exported by exporter / producer mentioned in column (2) of the Table annexed below, and imported into India, an anti-dumping duty at the rate which is equivalent to the amount mentioned in the corresponding entry in column (3) of the said Table.

Table
SNo	Exporters/Producers	Anti-dumping duty (US$ per Kg)
(1)	(2)	(3)
1.	All exporters/Producers of Peoples Republic of China	0.967

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of the imposition of the provisional duty, i.e. the 21^st December, 2001, and shall be paid in Indian currency.

Explanation.- For the purposes of this notification, “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 the 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.