Notification No. 77/2002-Cus date 8/08/2002

Anti-dumping duty on Biaxially Oriented Poly Propylene film falling under heading 39.20
G.S.R. (E).- WHEREAS in the matter of import of Biaxially Oriented Poly Propylene film, commonly known as BOPP film (hereinafter referred to as “BOPP film”), falling under heading 39.20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Taiwan, Hong Kong, Indonesia, Oman, Singapore and Thailand (hereinafter referred to as the subject countries), the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th August, 2001, had come to the conclusion that -

(a) BOPP film, originating in, or exported from, the subject countries had been exported to India below normal value resulting in dumping;

(b) the domestic industry had suffered material injury;

(c) the injury had been caused cumulatively by the imports from the subject countries;

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.104/2001–Customs, dated the 9th October, 2001, [G.S.R. 766(E), dated the 9th October, 2001], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9th October, 2001;

AND WHEREAS the designated authority, vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th June, 2002 has come to the conclusion that -

(a) BOPP film, originating in, or exported from, the subject countries, has been exported to India below its normal value, thereby resulting in dumping;

(b) the domestic industry has suffered material injury;

(c) the injury has been caused to the domestic industry by the dumping of BOPP film, originating in, or exported from, the subject countries;

AND WHEREAS M/S Al Khaleej Polypropylene Products Company SOAG, Sultnate of Oman, (hereinafter referred to as M/S Al Khaleej) have furnished an undertaking under rule 15 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 not to export any type of BOPP film below a price of US $1.63 per kilogram CIF (cost, insurance and freight);

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 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 final findings of the designated authority, hereby imposes on all types of BOPP film, falling under heading 39.20 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries specified in column (2) of the Table given below, and imported into India, when exported by the exporters specified in the corresponding entry in column (3) of the said Table, an anti-dumping duty at the rate specified in the corresponding entry in column (4) of the said Table:

TABLE

S.No.	Name of the Country	Exporter	Rate of Anti-dumping duty (US $ per kilogram)
(1)	(2)	(3)	(4)
1.	Taiwan	All exporters	0.70
2.	Hong Kong	All exporters	0.63
3.	Indonesia	All exporters	0.52
4.	Oman	All exporters other than M/S A1 Khaleej	0.47
5.	Singapore	All exporters	0.60
6.	Thailand	All exporters	0.79

PROVIDED that no anti-dumping duty shall be imposed on all types of BOPP film, falling under heading 39.20 of the First Schedule to the said Customs Tariff Act, exported by M/S Al Khaleej, and imported into India, if the price of such imported BOPP film is equal to or higher than US $1.63 per kilogram CIF (cost, insurance and freight):

PROVIDED FURTHER that anti-dumping duty at the rate of US $ 0.56 per kilogram shall be imposed on all types of BOPP film, falling under heading 39.20 of the First Schedule to the said Customs Tariff Act, exported by M/S Al Khaleej and imported into India, and the assessment shall be provisional pending specific recommendation by the designated authority in this regard, if the price of such imported BOPP film is less than US $1.63 per kilogram CIF (cost, insurance and freight).

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 9th October 2001, and shall be paid 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 & Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers conferred by 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.