Anti-dumping duty - Import of Biaxally Oriented Poly Propylene film (BOPP) originating in, or exported from, Taiwan, Hong Kong, Indonesia, Oman,  Singapore and Thailand.

Document Text

Notification No.113/2004-Customs 25th November, 2004 G.S.R. (E).- Whereas, in the matter of import of Biaxally Oriented Poly Propylene film, commonly known as BOPP film (hereinafter referred to as BOPP film), falling under heading 3920 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 notification No.21/1/2001-DGAD, dated the 14th August, 2001, 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 on BOPP film 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 notification No.21/1/2001-DGAD, dated the 26th June, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th June, 2002 had come to the conclusion that - (a) BOPP film, originating in, or exported from, the subject countries, had been exported to India below its normal value, thereby resulting in dumping; (b) the domestic industry had suffered material injury; (c) the injury had been caused to the domestic industry by the dumping of BOPP film, originating in, or exported from, the subject countries; And whereas, on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed definitive anti-dumping duty on BOPP film vide notification of the Government of India, the Ministry of Finance (Department of Revenue), No.77/2002-Customs, dated the 8th August, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 8th August, 2002; in the 1st April, 2004 And whereas, the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as the Tribunal), in its final order No.7-9/04-AD, dated in Appeal Nos.C/COD/301/02-AD, C/632/02-AD, C/694/02-AD and C/692/02- AD, in the matter of M/s Association of BOPP Manufacturers and Others Vs. Secretary Revenue, Ministry of Finance, the Designated A u th o rity, h as g ive n th e d irectio n in p ara 1 3 o f th e said o rd er th at, “… the rates of anti-dumping duty under Notification No. 77/2002- Customs, dated August 8, 2002 are modified as indicated in the table below:- S.No. Name of the Country Exporter Anti- of Rate dumping duty (US $ per kilogram) (1) (2) (3) (4) 1. 2. 3. 4. 5. 6. Taiwan All exporters 0.70 Hong Kong All exporters 0.63 Indonesia All exporters 0.52 Oman All exporters 0.47 Singapore All exporters 0.60 Thailand All exporters 0 .7 9 ”; And whereas, the designated authority has accepted the aforesaid order of the Tribunal; Now, therefore, in exercise of the powers conferred by sub- section (1) of section 9A, read with sub-section (6) of section 3 of the said Customs Tariff Act and 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.77/2002-Customs, dated the 8th August, 2002 [G.S.R. 553(E), dated the 8th August, 2002], except as respects things done or omitted to be done before such supersession, the Central Government hereby imposes on BOPP film, falling under heading 3920 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the subject 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 Anti- of dumping duty (US $ per kilogram) (1) (2) (3) (4) 1. 2. 3. 4. 5. 6. Taiwan All exporters 0.70 Hong Kong All exporters 0.63 Indonesia All exporters 0.52 Oman All exporters 0.47 Singapore All exporters 0.60 Thailand All exporters 0.79 2. This notification shall be effective for a period of five years (unless revoked, superseded or amended earlier), from the date of imposition of the provisional anti-dumping duty, i.e. the 9th October, 2001, and the anti-dumping duty shall be paid in Indian currency. Explanation.- Fo r th e p u rp o ses o f th is n o tificatio n , th e “rate o f exch an g e” ap p licab le fo r th e p u rp o ses o f calcu latio n 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 said C u sto m s A ct an d th e relevan t d ate fo r th e d eterm in atio n o f th e “rate o f exch an g e” sh a ll b e th e d ate o f p resen tatio n o f th e “b ill o f en try” under section 46 of the said Customs Act. V. Sivasubramanian Deputy Secretary to the Government of India [F.No.354/155/2001-TRU-(Part)]

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