Govt.
of India, Ministry of Finance, Department of Revenue, New Delhi, Notification
No.156/2000-Customs vide F.No.336/10/2000 -
TRU
dated 26.12.2000 is reproduced below for guidance of Importers, Clearing Agents and
Trading Public.
C16/60/99
AP (PORT)
(T.S. JAYACHANDAR)
CUSTOM HOUSE, CHENNAI
ASST. COMMR. OF CUSTOMS(APPG.)
DATED: 28.02.2001
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NOTIFICATION No. 156
/2000-CUSTOMS
F.No.336/10/2000 -
TRU
dated 26.12.2000
G.S.R. (E). - WHEREAS in the matter of import of Thermal
Sensitive Paper (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 (EU), 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. Thermal Sensitive
Paper (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 the subject goods 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 vide notification of the Government of India in the 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, has directed the Government of India to modify the anti-dumping duty
in US dollar terms;
AND WHEREAS the
designated authority has accepted the above order of CEGAT dated the 3rd
October, 2000 and has amended paragraph 31 of the said final findings;
Now, therefore, in
exercise of the powers conferred by subsection (1) and sub-section (8) of section 9A, of
the said Customs Tariff Act, read with rules 18 and 20 of Customs Tariff (Identification,
Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995 and in supersession of the notification of the Government of India in
the 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], except as respects
things done or omitted to be done before such supersession, the Central Government hereby
imposes on Thermal Sensitive Paper (TSP) falling under sub-heading No. 4809.10 of the
First Schedule to the said Customs Tariff Act, originating in, or exported from, the
countries mentioned in column (2) of the Table below, and when exported by exporters
mentioned in the corresponding entry in column (3) of the said Table, and imported into
India, an anti-dumping duty at the rate mentioned in the corresponding entry in column (4)
of the said Table.
Table
S.No. |
Name of the
country |
Name of the
exporter |
Amount of
anti-dumping duty (in US $ per square meter) |
(1) |
(2) |
(3) |
(4) |
1 |
European Union |
M/s Mitshubishi HITEC
Paper |
0.03842 |
Others |
0.04390 |
||
2 |
Japan |
All exporters |
0.03865 |
2. The anti-dumping
duty shall be paid in Indian currency.
Explanation..-
For the purposes of this notification, 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.