Cus Ntf No.128/2002 Date 15/11/2002
Anti-dumping duty on Thermal Sensitive Paper (hereinafter referred to as TSP) falling under sub-heading No. 4809.10WHEREAS in the matter of import of Thermal Sensitive Paper (hereinafter referred to as TSP) falling under sub-heading No. 4809.10 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, notification No. 25/1/98/ADD. dated the 3rd March, 2000 published in the Gazette of India, Extraordinary, Part I Section 1, dated the 3rd March, 2000, had come to the conclusion that –
(a) TSP 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 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 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 amount of anti-dumping duty in terms of US dollar;
AND WHEREAS the designated authority had accepted the above Final Order of CEGAT, dated the 10th November, 2000 and has amended paragraph 31 of the said final findings;
AND WHEREAS on the basis of the aforesaid Final Order of CEGAT, the Central Government had imposed an anti-dumping duty on TSP vide notification of the Government of India in the erstwhile 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 on the basis of a request made by M/s Papierfabrik August Koehler, Ag, Germany for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 in respect of exports made by them and the recommendation of designated authority vide notification No. 38/1/2001-DGAD dated the 15th October, 2001 published in the Gazette of India, Extraordinary, Part I, Section 1dated the 15th October, 2001, the Central Government, vide notification
No. 120/2001-Customs, dated the 16th November 2001 [published in the Gazette of India, Extraordinary, vide G.S.R. 851(E), dated the 16th day of November, 2001], had ordered that pending the outcome of the review initiated by the designated authority, TSP, falling under sub-heading No. 4809.10 of the First Schedule to the said Customs Tariff Act, exported, during the period of investigation beginning with the 1st November, 2001 and ending with the 30th April, 2002 by M/s Papierfabrik August Koehler Ag, Germany, when imported into India shall be subjected to provisional assessment and a Bank guarantee for the amount of duty calculated at the rate of US $ 0.04390 per square meter;
AND WHEREAS the designated authority vide its final findings in mid term review, notification No. 31/1/2001-DGAD, dated the 11th September, 2002, published in the Gazette of India, Extraordinary, Part-I, Section 1, dated the 11th September, 2002 has recommended imposition of anti-dumping duty, inter alia, in respect of exports of TSP by M/s Papierfabrik August Koehler Ag, Germany;
AND WHEREAS on the basis of the aforesaid final finding in mid term review of the designated authority, the Central Government had imposed an anti-dumping duty on TSP vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue),
No. 102/2002-Customs, dated the 7th October, 2002 [G.S.R. 681 (E), dated the 7th October, 2002] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 7th October, 2002;
AND WHEREAS, the designated authority in the case of new shipper review in respect of M/s Papierfabrik August Koehler Ag, Germany regarding anti dumping duty on TSP vide notification No. 38/1/2001-DGAD dated the 11th October, 2002 published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 11th October, 2002, in view of the aforesaid final findings in mid term review, did not consider it necessary to issue findings, and therefore, has recommended for termination of review initiated vied the said notification No. 38/1/2001-DGAD dated the 15th October, 2001;
Now, therefore, in exercise of the powers conferred by sub-rule (2) of rule 22 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 after considering the aforesaid recommendation of the designated authority, hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue),
No. 120/2001-Customs, dated the 16th day of November, 2001 [G.S.R. 851(E), dated the 16th November, 2001] and orders that all provisional assessments of Thermal Sensitive Paper (TSP) falling under sub-heading No. 4809.10 of the First Schedule to the said Customs Tariff Act, during the period beginning with the 1st November, 2001 and ending with the 30th April, 2002, exported by M/s Papierfabrik August Koehler Ag, Germany, and imported into India, be finalised calculating the applicable anti-dumping duty at the rate of US$ 0.04390 per square meter.
Explanation.-For the purposes of this notification, the anti-dumping duty shall be calculated in Indian currency and the 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.
Sd/-
(Vivek Prasad)
Under Secretary to the Govt. of India
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