MINISTRY OF FINANCE AND COMPANY AFFAIRS

(Department of Revenue)

NOTIFICATION

New Delhi, the 7th October, 2002

No. 102/2002-CUSTOMS

G.S.R.68t(E).— WHEREAS in the matter of import of thermal sensitive paper (hereinafter referred to

as TSP) falling under sub-heading 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, the designated

authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the

3^rd March, 2000 had come to the conclusion that -

(a)

TSP (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 TSP 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 on the said TSP vide notification of the Government of

India in the erstwhile Ministry of Finance (Department of Revenue), No. 39/2000-Customs, dated the 6^th

April, 2000 [G.S.R. 318 (E), dated the 6^th April, 2000], published in Part II, Section 3, Sub-section (i) of the

Gazette of India, Extraordinary, dated the 6* April, 2000;

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter

referred to as CEGiAT), in its Final Order No. 42 to 43/2000-A, dated the 10* 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 aforesaid order of CEGAT dated the

10^lh November, 2000, and had amended paragraph 31 of the said final findings;

AND WHEREAS on the basis of the aforesaid order of the CEGAT, the Central Government had

imposed an anti-dumping duty on the said TSP vide notification of the Government of India in the Ministry

of Finance (Department of Revenue), No. 156/2000-Customs, dated the 26* December, 2000 [G.S.R. 936

(E), dated the 26^th December, 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of India,

Extraordinary, dated the 26^lh December, 2000;

AND WHEREAS in the matter of import of said TSP, originating in, or exported from, European

Union, the designated authority vide its final findings in review, published in the Gazette of India,

Extraordinary, Part I Section 1, dated the 1 l^lh September, 2002 has come to the conclusion that -

(i)

TSP has been exported from the European Union to India below normal value;

(ii)

the Indian industry continues to suffer material injury on account of price undercutting,

price suppression, significant increase in the volume of dumped imports, increased

inventory, financial losses as a result of dumped imports from European Union and is

being threatened with further injury;

(iii)

the injury has been caused to the domestic industry by the dumped imports from the

European Union;

NOW, THEREFORE, in exercise of the powers conferred by sub-sections (1) and (5) of section

9 A of the said Customs Tariff Act, read with rule 23 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 aforesaid final findings of the designated authority hereby imposes on

THE GAZETTE OF IN

V; EXTRAORDINARY

[PART II—SHC. 3(i)J

the said TSP falling under sub-heading 4809.10orheading48.il or heading 48.16 of the First Schedule to

the said Customs Tariff Act, originating in, or exported from, the European Union, and when exported by

exporters mentioned in column (2) of the Table below, and imported into India, an anti-dumping duty at the

rate equivalent to the difference between the amount mentioned in column (3) of the said Table and the

landed value of import per metric tonne of the thermal sensitive paper,

TABLE

S.No.

(1)

Name of the exporter

(2)

M/s Papierfabrik August Kochler AG, Germany

M/s Jujo Thermal Ltd^Finland

All other exporters of-European Union

Amount (in US $ per metric tonne)

(3)

2947.92

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

Explanation. - For the purposes of this notification,-

(a)

"landed value" means the assessable value as determined under the Customs Act, 1962 (52 of

1962) and includes all duties of Customs except duties levied under sections 3, 3 A, 8B, 9 and 9A of the

said Customs Tariff Act;

(b)

rate t⁷ exchange applicable for the purposes of calculation of the 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 O:. c, in exercise of the powers conferred under sub-clause

(i) of clause (a) of sub-section (3) of section 14 of the said Customs Act and the relevant date for

determination of the rate of exchange shall be the datr of presentation of the bill of entry under section 46

of the said Customs Act.

(F. No. 354/171/2002-TRU]

AMAN KUMAR SINGH, Under Secy.

NOTIFICATION

New Delhi, the 7th October, 2002

No. 103/2002-CUSTOMS

G.S.R-682(E).— In exercise of the powers conferreTby powers conferred by sub-sections (1) and (8)

of section 9A of the Customs Tariff Act, 1975 ( 51 of 1975) read with rule 23 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 hereby makes the following amendment in

the notification of the Government of India, in the erstwhile Ministry of Finance (Department of Revenue)

No. 156/2000-Customs, dated the 26^th December, 2000, published in the Gazette of India, Extraordinary,

Part II, Section 3, Sub-section (ii), number G. S. R. 936(E), dated the 26^th December, 2000, namely:-

In the said notification, in the Table, S. No. 1 and the entries relating thereto shall be deleted.

[F. No. 354/171/2002-TRU]

AMAN KUMAR SINGH, Under Secy.

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