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]