Notification No.48/2001-Cus Dt. 10/05/2001

G.S.R. (E).- WHEREAS in the matter of import of Polyester film, falling under sub-heading No. 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 had come to the conclusion that -

1. Polyester film originating in, or exported from, the People’s Republic of Korea and Indonesia has been exported to India below its normal value, resulting in dumping;
   
   
2. the Indian domestic industry has suffered material injury;
   
   
3. the injury has been caused cumulatively by the imports from subject countries; and
   
   
4. no injury has been caused to domestic industry from imports of sun/dust controlled films;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 141/2000–Customs, dated the 15th November, 2000, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 15th November, 2000, 2001 vide G.S.R.869(E), dated the 15th November, 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 -

1. 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;
   
   
2. the Indian domestic industry has suffered material injury;
   
   
3. 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
   
   
4. 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. 3920.69, below the "landed value" mentioned in corresponding entry in column (5) of the said Table,-

Table I

S.No.	Description of Polyester film			Landed value (US $ per kilogramme)
	Grade	Thickness (micron)	Length (meters)
(1)	(2)	(3)	(4)	(5)
1	Packaging film	8.30	6000-36000	2.146
2	Polyester film (excluding packaging or sun/dust controlled)	XA: 9-16 XV: 11-17 XG: 16-32	XA: 5000-15000 XV: 14000-17000 XG: 500-6000	1.888

(Table I has been substituted vide Cus NTf No.118/2002 Date 30/10/2002)

[OLD Table I

S.No.	Description of Polyester film			Landed value (US $ per kilogramme)
	Grade	Thickness (micron)	Length (meters)
(1)	(2)	(3)	(4)	(5)
1	Packaging film	8.30	6000-36000	1.896
2	Polyester film (excluding packaging or sun/dust controlled)	XA: 9-16 XV: 11-17 XG: 16-32	XA: 5000-15000 XV: 14000-17000 XG: 500-6000	1.642]

(Table I has been substituted vide Cus Ntf No.125/2001 Dt.14/12/2001)

[old Table I

S.No.	Description of Polyester film			Landed value (US $ per kilogramme)
	Grade	Thickness	Length
(1)	(2)	(3)	(4)	(5)
1	Packaging film	8.30 micron	6000-36000 mm	1.979
2	Polyester film (excluding packaging or sun/dust controlled)	XA: 9-16 micron XV: 11-17 micron XG: 16-32 micron	XA: 5000-15000 mm XV: 14000-17000 mm XG: 500-6000 mm	1.721]

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 Polyester film of 9 micron and above, of grades specified in column (4) of the Table II annexed hereto, falling under sub-heading No. 3920.69 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People’s Republic of Korea and Indonesia, and when exported by exporters specified in column (3) of the said Table II, and imported into India, an anti-dumping duty at the rate specified in column (5) of the said Table II.

Table II

S.No.	Country	Name of the Exporter	Grade of Films	Amount of duty (US $ per Kilogramme)
(1)	(2)	(3)	(4)	(5)
1	Indonesia	(1) M/s PT Kolon	Packaging polyester films	0.356
			Polyester films (excluding packaging or sun/dust controlled)	0.477
		(2) Other Exporters	Packaging polyester films	0.710
			Polyester films (excluding packaging or sun/dust controlled)	0.477
2	People’s Republic of Korea	(1) M/s Kolon Industries Inc.	Packaging polyester films	0.358
			Polyester films (excluding packaging or sun/dust controlled)	NIL
		(3) All other exporters (other than M/s Toray Saehan Inc. or Saehan Industries)	Packaging polyester films	0.982
			Polyester films (excluding packaging or sun/dust controlled)	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. 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. 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

S.No.	Grade of Polyester films	Amount of duty (in US $ per kilogramme)
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 width upto 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.

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 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 said Customs Act, 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.

F.No.354/152/2000-TRU (Pt-II)

(G.D.LOHANI)
UNDER SECRETARY TO THE GOVERNMENT OF INDIA

(Anti-dumping duty on Polyester film vide Cus Ntf No.125/2001 Dt. 14/12/2001.)

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