120/2001 Dt. 16/11/2001.

Final Anti-dumping duty on Thermal Sensitive Paper (TSP) falling under sub-heading No. 4809.10.

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 final findings, published in the Gazette of India, Extraordinary, Part I Section 1, dated the 3rd March, 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-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, had directed the Government of India to modify the anti-dumping duty in US dollar terms;

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

AND WHEREAS on the basis of the aforesaid Final Order, 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. 156/2000-Customs, dated the 26th December, 2000 [G.S.R. 936 (E), dated the 26th December, 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th December, 2000;

AND WHEREAS M/s. Papierfabrik August Koehler Ag, Germany have 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 notification published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 15th October, 2001 has recommended provisional assessment of all exports of Thermal Sensitive Paper (TSP) falling under sub-heading No. 4809.10 of the First Schedule to the said Customs Tariff Act made by the said M/s Papierfabrik August Koehler Ag, Germany with anti-dumping duty at the rate of US$ 0.04390 per square meter till the completion of the review by it;

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 findings of the designated authority, hereby orders that pending the outcome of the said review by the designated authority, Thermal Sensitive Paper (TSP) falling under sub-heading No. 4809.10 of the First Schedule to the said Customs Tariff Act exported 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 during the period of investigation beginning with the 1st November, 2001 and ending with the 30th April, 2002.

2. 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 Thermal Sensitive Paper from M/s. Papierfabrik August Koehler Ag, Germany from the date of initiation of the said review.

Explanation.- For the purposes of this notification, the anti-dumping duty shall be calculated in Indian currency and 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 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.