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OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
C16/78/2000-AP(PORT)
CUSTOM HOUSE, CHENNAI-1. (S.SANKARAVADIVELU)
DATED: 28.12.2001 DY.
COMMR. OF CUSTOMS (APPG.)
Notification No. 125/2001-Customs
G.S.R. (E).
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 on the basis of the aforesaid final 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. 48/2001–Customs, dated the 10th May, 2001,
published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 10th May, 2001 vide G.S.R. 332(E),
dated the 10th May, 2001;
AND WHEREAS the designated authority, vide its notification
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
28th August, 2001, has revised the price undertaking entered into
between the Designated Authority of the Ministry of Commerce and Industry and
M/s Toray Saehan Inc. on 28th March, 2001 and the undertaking amount
for category A and C shall be read as mentioned below: –
Table
|
Category |
Description of Polyester film |
Landed value (US $ per
kilogramme) |
||
|
|
Type of Polyester Films |
Thickness (micron) |
Length (meters) |
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
A |
Packaging
Film as per ITC 3920.6903 |
8.30 |
6000-36000 |
1.896 |
|
C |
Polyester
Film Excluding Packaging /Sun/Dust as ITC 3920.6905 |
XA: 9-16 XV: 11-17 XG: 16-32 |
XA: 5000-15000 XV: 14000-17000 XG: 500-6000 |
1.642 |
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
revised price, hereby makes the following amendment in the notification of the
Government of India in the Ministry of Finance (Department of Revenue),
No.48/2001-Customs, dated the 10th May, 2001, namely:-
In the said notification, for the Table I, following Table I shall be
substituted, namely:-
" 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" |
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