CUS NTF NO. 94/2006 DATE 07/09/2006
Anti-dumping duty on Cellophane Transparent Film (heading 3920)Whereas, in the matter of import of Cellophane Transparent Film falling under the heading 3920 (herein after referred to as the subject goods), of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), originating in or exported from the People’s Republic of China (hereinafter referred to as the subject country), the designated authority in its preliminary findings vide notification No.14/7/2005-DGAD, dated the 3rd February, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd February, 2006, has come to the conclusion that
(i) the subject goods have been exported to India from the subject country below its normal value;
(ii) the domestic industry has suffered material injury;
(iii) the injury has been caused by the dumped imports from the subject country; and had recommended imposition of provisional anti-dumping duty on imports of the subject goods of all grades, originating in or exported from the subject country.
And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue),
No.31/2006–Customs, dated the 30th March, 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 30th March, 2006 vide G.S.R. No. 189(E), dated the 30th March, 2006;
And whereas the designated authority in its final findings vide notification No.14/7/2005-DGAD, dated the 28th July, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th July, 2006, has extended the scope of subject goods to include Cellophane Transparent Film falling under heading 4806 of the First Schedule of the said Customs Tariff Act, has come to the conclusion that –
(a) the subject goods originating in or exported from the subject country have been exported to India below its normal value, resulting in dumping;
(b) the domestic industry has suffered material injury; and
(c) injury to the domestic industry has been caused by imports of the subject goods from the subject country;
and has recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in or exported from the subject country;
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) of the said section 9A 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 goods, the description of which is specified in column (3) of the Table below, falling under heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4), originating in the country as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the country as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty equal to the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table.
Table| No. | Hea- ding No. | Des- crip- tion | Spe- cifica- tion | Country of origin | Country of export | Prod- ucer | Expo- rter | Amo- unt | Unit of Mea- sure- ment | Curr- ency |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 3920 or 4806 | Cello- phane Tran- spar- ent Film (also known as Cello- phane Tran- spar- ent Paper) | All grades or Spe- cifica- tions | People’s Republic of China | Any | Any | Any | 1.91 | Kg | US $ |
| 2. | 3920 or 4806 | -do- | -do- | Any | People’s Republic of China | Any | Any | 1.91 | Kg | US$ |
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 30th March, 2006, and shall be paid in Indian currency.
Explanation.- For the purposes of this notification, “rate of exchange” applicable for the purposes of calculation of 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 subclause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962) 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.
F.No.354/27/2006-TRU(S. Bajaj)
Under Secretary to the Government of India
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