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Anti-Dumping Duty: Thermal Sensitive Paper export originating from Japan,
Finland, Germany and European Union
WHEREAS in the matter of import of
Thermal Sensitive Paper (TSP) falling under sub-heading No. 4809.10 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from Japan, Finland, Germany and European Union (EU), the Designated
Authority, vide its preliminary findings, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 3rd November, 2000, had
come to the conclusion that -
(a)
Thermal Sensitive Paper (falling under Chapter 48) originating in, or
exported from, European Union and Japan 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 the dumping of the
subject goods originating in, or exported from, European Union and Japan;
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. 39/2000-Customs, dated the 6th
April, 2000 [G.S.R. 318(E), dated the 6th April, 2000], published in
Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary,
dated the 6th April, 2000;
AND WHEREAS the Customs, Excise and
Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT), in its
Final Order No. 42 to 43/2000-AD dated 10th November, 2000 in Appeal
No. C/373/2000-AD in the matter of M/s Jujo Thermal Ltd., vs Designated
Authority, Ministry of Commerce, has directed the Government of India to modify
the anti-dumping duty in US dollar terms;
AND WHEREAS the designated authority
has accepted the above order of CEGAT dated the 3rd October 2000 and
has amended paragraph 31 of the said final findings;
Now, therefore, in exercise of powers
conferred by sub-section (1) and sub-section (8) of section 9A of the said
Customs Tariff Act, read with rule 18 and rule 20 of Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995 and in supersession of the
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 39/2000-Customs dated the 6th
April, 2000 [G.S.R.318 (E), dated the 6th April, 2000), except as
respects things done or omitted to be done before such supersession, the Central
Government hereby imposes on Thermal Sensitive Paper (TSP) falling under
sub-heading No. 4809.10 of the First Schedule to the said Customs Tariff Act,
originating in, or exported from, the countries mentioned in column (2) of the
Table below, and when exported by exporters mentioned in the corresponding entry
in column (3) of the said Table, and imported into India, an anti-dumping duty
at the rate mentioned in the corresponding entry in column (4) of the said
Table.
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S. No.
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Name of the Country
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Name of the Exporter
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Amount of anti-dumping duty (in US $
per square meter)
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(1)
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(2)
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(3)
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(4)
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1.
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European Union
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M/s Mitshubishi HITEC Paper
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0.03842
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Others
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0.04390
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2.
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Japan
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All Exporters
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0.03865
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2. The anti-dumping
duty shall be paid in Indian currency.
Explanation:
For the purpose of this notification, �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 Customs Act, 1962 (52 of 1962) 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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