Customs Notification No. 102 dated 7^th October 2002

WHEREAS in the matter of import of thermal sensitive paper (hereinafter referred to as TSP) falling under sub-heading 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, the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3^rd March, 2000 had come to the conclusion that �

(a)    TSP (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 TSP 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 on the said TSP vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 39/ 2000-Customs, dated the 6^th April, 2000 [G.S.R. 318 (E), dated the 6^th April, 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 6^th 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-A, dated the 10^th November, 2000, in Appeal No. C/ 373/ 2000 - AD in the matter of M/s Jujo Thermal Ltd. vs. Designated Authority, Ministry of Commerce, had directed the Government of India to modify the anti-dumping duty in US dollar terms;

AND WHEREAS the designated authority had accepted the aforesaid order of CEGAT dated the 10^th November 2000, and had amended paragraph 31 of the said final findings;

AND WHEREAS on the basis of the aforesaid order of the CEGAT, the Central Government had imposed an anti-dumping duty on the said TSP vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 156/ 2000-Customs, dated the 26^th December, 2000 [G.S.R. 936 (E), dated the 26^th December, 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26^th December, 2000;

AND WHEREAS in the matter of import of said TSP, originating in, or exported from, European Union, the designated authority vide its final findings in review, published in the Gazette of India, Extraordinary, Part I Section 1, dated the 11^th September, 2002 has come to the conclusion that �

(i)       TSP has been exported from the European Union to India below normal value;

(ii)    The Indian industry continues to suffer material injury on account of price undercutting, price suppression, significant increase in the volume of dumped imports, increased inventory, financial losses as a result of dumped imports from European Union and is being threatened with further injury;

(iii)      The injury has been caused to the domestic industry by the dumped imports from the European Union;

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 rule 23 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 aforesaid final findings of the designated authority hereby imposes on the said TSP falling under sub-heading 4809.10 or heading 48.11 or heading 48.16 of the First Schedule to the said  Customs Tariff Act,  originating in, or exported from, the European Union, and when exported by exporters mentioned in column (2) of the Table below, and imported into India, an anti-dumping duty at the rate equivalent to the difference between the amount mentioned in column (3) of the said Table  and the landed value of import per metric tonne of the thermal sensitive paper.

TABLE

2.     The anti-dumping duty shall be paid in Indian currency.