Customs Notification No. 77 dated 8^th August 2002

WHEREAS in the matter of import of Biaxially Oriented Poly Propylene film, commonly known as BOPP film (hereinafter referred to as BOPP film), falling under heading 39.20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Taiwan, Hong Kong, Indonesia, Oman, Singapore and Thailand (hereinafter referred to as the subject countries), the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14^th August, 2001, had come to the conclusion that -

(a)      BOPP film, originating in, or exported from, the subject countries had been exported to India below normal value resulting in dumping;

(b)      the domestic industry had suffered material injury;

(c)      the injury had been caused cumulatively by the imports from the subject countries;

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. 104/ 2001-Customs, dated the 9^th October, 2001, [G.S.R. 766 (E), dated the 9^th October, 2001], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9^th October, 2001;

AND WHEREAS the designated authority, vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27^th June, 2002 has come to the conclusion that -

(a)    BOPP film, originating in, or exported from, the subject countries, has been exported to India below its normal value, thereby resulting in dumping;

(b)    the domestic industry has suffered material injury;

(c)    the injury has been caused to the domestic industry by the dumping of BOPP film, originating in, or exported from, the subject countries;

And whereas M/S Al Khaleej Polypropylene Products Company SOAG, Sultnate of Oman, (hereinafter referred to as M/S Al Khaleej) have furnished an undertaking under rule 15 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 not to export any type of BOPP film below a price of US $1.63 per kilogram CIF (cost, insurance and freight); Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, 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 all types of BOPP film, falling under heading 39.20 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries specified in column (2) of the Table given below, and imported into India, when exported by the exporters specified in the corresponding entry in column (3) of the said Table, an anti-dumping duty at the rate specified in the corresponding entry in column (4) of the said Table:

Provided that no anti-dumping duty shall be imposed on all types of BOPP film, falling under heading 39.20 of the First Schedule to the said Customs Tariff Act, exported by M/S Al Khaleej, and imported into India, if the price of such imported BOPP film is equal to or higher than US $1.63 per kilogram CIF  (cost, insurance and freight):

PROVIDED FURTHER that anti-dumping duty at the rate of US $ 0.56 per kilogram shall be imposed on all types of BOPP film, falling under heading 39.20 of the First Schedule to the said Customs Tariff Act, exported by M/S Al Khaleej and imported into India, and the assessment shall be provisional pending specific recommendation by the designated authority in this regard, if the price of such imported BOPP film is less than US $1.63 per kilogram CIF (cost, insurance and freight).

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 9^th October 2001, and shall be paid in Indian currency.