Notification No. 156/2000-Cus Dated 26-12-2000

Imposition of Anti-dumping duty on Thermal Sensitive Paper (TSP) originated in or exported from Japan, Finland, Germany and European Union (EU).- WHEREAS in the matter of import of Thermal Sensitive Paper (TSP) faling 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 final finding, published in the Gazette of India, Extraordinary, Part I Section 1, dated the 3rd March, 2000 had come to the conclusion that -

1. 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;

2. the domestic Industry has suffered material injury;

3. 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 finding 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-A 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 the powers conferred by sub-section (1) and sub-section (8) of section 9A, of the said Customs Tariff Act, read with rules 18 and 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.
 

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

Explanation.- For the purposes of this notification, the "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 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 o the said Customs Act.