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 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 14^th August, 2000, 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 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 15^th November, 2000, published in Part ll, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 15^th November, 2000, vide G.S.R. 869(E) dated the 15^th November, 2000;�

AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28^th 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,-

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 ll 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 ll, and imported into India, an anti-dumping duty at the rate specified in column (5) of the said Table ll.

Provided that no anti-dumping duty shall be imposed Polyester film of 9 micron and above, of the grades specified in column (4) of the said Table ll, 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 Seahan Inc. or M/s Seahan Industries;

Provided further that anti-dumping duty at the rates specified in the Table lll annexed hereto shall be imposed on Polyester film of 9 micron and above, of the grades specified in column (4) of the said Table ll, 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;

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 15^th 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.