Customs Notification No. 128 dated 15^th November 2002

Whereas in the matter of import of Thermal Sensitive Paper (hereinafter referred to as 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, the designated authority, vide its final findings, Notification No. 25/1/98/ADD. Dated the 3^rd March 2000 published in Gazette of India, Extraordinary, Part I Section 1, dated the 3^rd March 2000, had come to the conclusion that -

(a)     TSP 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 has imposed an anti-dumping duty on 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 (hereafter referred to as CEGAT), in its Final Order No. 42 to 43/ 2000-A dated 10^th November, 2000 in Appeal No. C/373/2000-AD in the matter of M/s Jujo Thermal Ltd. Vs designated authority, Minister of Commerce, had directed the Government of India to modify the amount of anti-dumping duty in terms of US dollar;

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

AND WHEREAS on the basis of the aforesaid Final Order of CEGAT, the Central Government imposed an anti-dumping duty on TSP vide notification of the Government of India in the erstwhile 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 on the basis of a request made by M/s Papierfabrik August Koehler Ag. Germany for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping duty on Dumped Articles and for Determination of Injury) Rules, 1995 in respect of exports made by them and the recommendation of designated authority vide Notification No. 38/1/2001-DGAD dated the 15^th October, 2001 published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 15^th October, 2001, the Central Government, vide Notification No. 120/2001-Customs dated the 16^th November, 2001 [published in the Gazette of India, Extraordinary, vide G.S.R.851(E), dated the 16^th day of November, 2001] had order that pending the outcome of the review initiated by the designated authority, TSP, falling under sub-heading No, 4809/10 of the First Schedule to the Customs Tariff Act, exported, during the period of investigation beginning with the 1^st November, 2001 and ending with the 30^th April, 2002, by M/s Papierfabrik August Koehler Ag. Germany, when imported into India shall be subjected to provisional assessment and a Bank guarantee for the amount of duty calculated at the rate of US$ 0.04390 per square meter;

AND WHEREAS the designated authority vide its final findings in mid terms review, Notification No. 31/1/2001-DGAD, dated the 11^th September, 2002, published in the Gazette of India, Extraordinary, Part-I, Section 1, dated the 11^th September, 2001 has recommended imposition of anti-dumping duty, inter alia, in respect of exports of TSP by M/s Papierfabric August Koehler Ag, Germany;

AND WHEREAS on the basis of the aforesaid final finding in mid term review of the designated authority, the Central Government had imposed an anti-dumping duty on TSP vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 102/2002-Customs, dated the 7^th October, 2002 [G.S.R 681 (E), dated the 7^th October, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 7^th October, 2002;

AND WHEREAS the designated authority in the case of new shipper in respect of M/s Papierfabrik August Koehler Ag, Germany regarding anti-dumping duty on TSP vide Notification No. 38/1/2001-DGAD dated the 11^th October, 2002 published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 11^th October, 2002, in view of the aforesaid final finding in mid term review, did not consider it necessary to issue findings, and therefore, has recommended for termination of review initiated vide Notification No. 38/1/2001-DGAD dated the 15^th October 2001;

Now, therefore, in exercise of the powers conferred by sub-rule (2) or rule 22 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, after considering the aforesaid recommendation of the designated authority, hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 120/2001-Customs, dated the 16^th day of November, 2001 [G.S.R.851(E), dated the 16^th November, 2001] and orders that all provisional assessments of Thermal Sensitive Paper (TSP) falling under sub-heading No. 4809.10 of the First Schedule to the said Customs Tariff Act, during the period beginning with the 1^st November, 2001 and ending with the 30^th April 2002, exported by M/s Papierfabrik August Koehler Ag. Germany, and imported into India, be finalised calculating the applicable anti-dumping duty at the rate of US$ 0.04390 per square meter.