Anti Dumping Duty: Black and white photographic paper including both
resin coated and fibre based export originating from United Kingdom, France and
Hungary
WHEREAS in the matter of import of black and white photographic
paper including both resin coated and fibre based, falling under sub-heading No.
3703.10 and 3703.90 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975), originating in, or exported from, United Kingdom, France and Hungary, the
designated authority vide its preliminary findings, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 28th April, 2000
had come to the conclusion that -
(a)
black and white photographic paper, originating in, or exported from, the
United Kingdom, France and Hungary, has been exported to India below normal
value, resulting in dumping;
(b)
the Indian industry has suffered material injury;
(c)
the injury has been caused by imports from the subject country;
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. 93/2000-Customs, dated the 23rd June,
2000, G.S.R 559(E) dated the 23rd June 2000, published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 23rd
June, 2000;
AND WHEREAS the designated authority vide its final findings,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
24th October, 2000 has come to the conclusion that -
(a)
black and white photographic paper, both resin coated and fibre based,
originating in, or exported from, the subject countries 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 dumping of the
subject goods originating in, or exported from, the subject countries;
AND WHEREAS M/s Ilford Imaging Ltd., United Kingdom have given an
undertaking under Rule 15 of the said Rules, not to export subject goods in cut
sheet form, falling under sub-heading No. 3703.90, below the �landed value�
of US$ 3.09 per square meter, and the subject goods in jumbo roll form; falling
under sub-heading No.3703.10, below the �landed value� of US$ 2.80 per
square meter;
AND WHEREAS M/s Forte Photochemical Co. Ltd., Hungary, have given
an undertaking, under Rule 15 of the said Rules, not to export subject goods in
cut sheet form in industrial packs of 300 or more sheets, falling under
sub-heading No. 3703.90, below the �landed value� of US$ 3.03 per square
meter, and the subject goods in jumbo roll form; falling under sub-heading
No.3703.10, below the �landed value� of US$ 2.80 per square meter;
Now, therefore, in exercise of the powers conferred by sub-sections
(1) and (5) of section 9A of the said Customs Tariff Act, read with 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 black and white photographic paper,
both resin coated and fibre based, falling under sub-heading Nos.
3703.10 and 3703.90 of the First
Schedule to the said Customs Tariff Act, originating in, or exported from the
United Kingdom, France and Hungary, and when exported by exporters mentioned
in column (3) of the Table below, and imported into India, an anti-dumping duty
at the rate which is to be calculated as the difference between the amount
mentioned in the corresponding entry in column (5) of the said table and the
landed value of such imported black and white photographic paper per square
meter.
S. No.
|
Name of the Country
|
Name of the Exporter
|
Product (Black & white photographic paper both resin coated and
fibre based) in following forms
|
Amount (US dollar per square meter)
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
1.
|
United
Kingdom
|
(i)
M/s Kentmere Photographic Ltd.
|
Jumbo
rolls
Cut
sheets
|
2.87
3.09
|
(ii)
Any other exporter, exporter, excluding M/s Ilford Imaging Ltd.
|
Jumbo
rolls
Cut
sheets
|
2.87
3.09
|
2.
|
France
|
(i)
M/s Agfa-Gevaert SA and its associated exporter M/s Agfa Gevaert AG, Germany
|
Jumbo
rolls
Cut
sheets
|
2.87
3.09
|
(ii)
Any other exporter
|
Jumbo
rolls
Cut
sheets
|
2.87
3.09
|
3.
|
Hungary
|
Exporters
excluding M/s Forte Photochemical Co. Ltd.
|
Jumbo
rolls
Cut
sheets
|
2.87
3.09
|
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 23rd June 2000; and be paid in Indian currency.
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 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.
|