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OFFICE OF THE
COMMISSIONER OF CUSTOMS, |
PUBLIC
NOTICE NO. 218 / 2001
Government of India, Ministry of
Finance, Department of Revenue, New Delhi, Notification No. 48/2001 – Cus vide
F.No.354/152/2001-TRU (Pt II), dated 10.05.2001, is reproduced below for the
guidance of the importers, clearing agents and trading public.
C16/78/2000-AP (PORT) (S.
SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. DY. COMMR. OF CUSTOMS (APPG)
DATE :17.09.2001
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Notification
No.48/2001-Customs
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 -
(a)
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;
(b) the
Indian domestic industry has suffered material injury;
(c) the
injury has been caused cumulatively by the imports from subject countries; and
(d) 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 -
(a)
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;
(b) the
Indian domestic industry has suffered material injury;
(c) 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
(d) 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 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.
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