Anti Dumping Duty: Polyester film export originating from People�s
Republic of Korea and Indonesia
This notification has been rescinded by the Notification no. 49
dated 10th May 2001.
WHEREAS in the matter of import of Polyester film, falling
under sub-heading No. 3920.69 of the First Schedule of 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 14th
August, 2000 has come to the conclusion that -
(a)
Polyester film, originating in, or exported from, Korea RP and Indonesia,
have been exported to India below 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;
Now, therefore, in exercise of the powers conferred by sub-section
(2) of section 9A of the said Customs Tariff Act, read with rules 13 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 findings of the designated
authority, hereby imposes on polyester film of 9 micron and above, of grades
specified in column (4) of the table annexed hereto, falling under sub-heading
No.3920.69 of the First Schedule to the said Customs Tariff Act, originating in,
or exported from People�s Republic of Korea and Indonesia, and exported by
exporters specified in column (3) of the said Table, and imported into India,
and anti-dumping duty at the rate specified in column (5) of the said Table.
|
S. No.
|
Country
|
Name of the Exporter/
Producer
|
Grade of Films
|
Amount of duty
(US$ per Kilogramme)
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
1.
|
Indonesia
|
(1)
M/s PT Kolon Ina.
|
Packaging
polyester films
|
0.160
|
|
Polyester
films, excluding packaging or sun/dust controlled
|
0.477
|
|
(2)
Other Exporters
|
Packing
polyester films
|
0.709
|
|
Polyester
films, excluding packaging or sun/dust controlled
|
0.477
|
|
2.
|
People�s
Republic of Korea
|
(1)
M/s Kolon Industries Inc.
|
Packaging
polyester films
|
0.703
|
|
Polyester
films, excluding packaging or sun/dust controlled
|
NIL
|
|
(2)
M/s Toray Saehan Inc. And M/s Saehan Industries
Inc.
|
Packaging
polyester films
|
0.281
|
|
Polyester
films, excluding packaging or sun/dust controlled
|
0.252
|
|
(3)
Other Exporters
|
Packaging
polyester films
|
0.982
|
|
Polyester
films, excluding packaging or sun/dust controlled
|
0.614
|
2.
The anti-dumping duty imposed under this notification shall be effective upto
and inclusive of the 14th day of May 2001, and shall be payable in
Indian currency.
Explanation: For the purposes of this notification, �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 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.
|