GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, dated the 19th March, 2010
NOTIFICATION No. 35/2010-CUSTOMS
G.S.R. (E). - Whereas in the matter of import of Pre-sensitized Positive Offset aluminium Plates (PS Plates) (hereinafter referred to as “the subject goods”),
falling under Chapters 37,76 or 84 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975), originating in, or exported from, Bulgaria, China PR,
Malaysia, Singapore and South Korea (hereinafter referred to as “the subject
countries”) and imported into India, the designated authority vide its final
findings, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 23rd August, 2007, had come to the conclusion that -
- the subject goods have been exported to India from the subject countries
below its normal value;
- the domestic industry had suffered material injury;
- the injury had been caused cumulatively by the dumped imports from the
subject countries;
and had considered it necessary to impose anti-dumping duty on all imports of
the subject goods from the subject countries in order to remove the injury to
the domestic industry;
And whereas, on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed anti-dumping duty on the subject goods vide
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 108/2007-Customs dated the 25th September, 2007, published in
Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide
number G.S.R. 627(E), dated the 25th September, 2007;
And whereas, M/s. Kodak (China PR) Graphic Communications Company Ltd.,
(Producer / Exporter from China PR) has requested 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 designated authority, vide new shipper review
notification No. 15/13/2009-DGAD dated the 8th January, 2010, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 8th January, 2010,
has recommended provisional assessment of all exports of the subject goods made
by the said M/s. Kodak (China PR) Graphic Communications Company Ltd., (Producer
/ Exporter from China PR) till the completion of the review;
Now, therefore, in exercise of the powers conferred by sub-rule (2) 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, the
Central Government, after considering the aforesaid recommendation of the
designated authority, hereby orders that pending the outcome of the said review
by the designated authority, Pre-sensitized Positive Offset aluminium Plates (PS
Plates) falling under Chapters 37,76 or 84 of the First Schedule to the said
Customs Tariff Act, produced and/or exported by M/s. Kodak (China PR) Graphic
Communications Company Ltd., and imported into India, shall be subjected to
provisional assessment till the review is completed.
2. The provisional assessment may be subject to such security or guarantee as
the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the
case may be, deems fit for payment of the deficiency, if any, in case a
definitive anti-dumping duty is imposed retrospectively, on completion of
investigation by the designated authority.
3. In case of recommendation of anti-dumping duty after completion of the said
review by the designated authority, the importer shall be liable to pay the
amount of such anti-dumping duty recommended on review and imposed on all
imports into India of the subject goods from M/s. Kodak (China PR) Graphic
Communications Company Ltd., (Producer / Exporter from China PR), from the date
of initiation of the said review.
[F. No. 354/136/2007-TRU]
(Prashant Kumar)
Under Secretary to the Government of India