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Date: 26-12-2000
Notification No: CUSTOMS Notification No 156/2000
Issuing Authority: Indian Customs  
Type: Tariff
File No:
Subject: Anti-Dumping Duty: Thermal Sensitive Paper export originating from Japan, Finland, Germany and European Union
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.

S. No.

Name of the Country

Name of the Exporter

Amount of anti-dumping duty (in US $ per square meter)

(1)

(2)

(3)

(4)

1.

European Union

M/s Mitshubishi HITEC Paper

0.03842

Others

0.04390

2.

Japan

All Exporters

0.03865

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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