[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
30th October, 2002
Notification No. 118/2002-Customs
WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th March, 2001 had come to the conclusion that –
(a) Polyester film originating in, or exported from, the People’s Republic of Korea and Indonesia had been exported to India below normal value, resulting in dumping;
(b) the Indian domestic industry had suffered material injury;
(c) no injury had been caused as a result of import of sun/dust controlled polyester film and polyester films for capacitor applications, wherein the import prices were found to be higher than US $ 6.50 per kilo-gramme; and
(d) the injury had been caused cumulatively by the imports from People’s Republic of Korea and Indonesia;
AND WHEREAS on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 48/2001-Customs, dated the 10th May, 2001;
AND WHEREAS the designated authority, vide its notification published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th September, 2002, has revised the price undertaking entered into between the Designated Authority of the Ministry of Commerce and Industry and M/s Toray Saehan Inc. on 28th March, 2001 so that the undertaking amounts for category A and C shall be read as mentioned below: –
Table
| Category | Description of Polyester film | Landed value (US $ per kilo-gramme) | ||
| Type of Polyester Film | Thickness (micron) | Length (meters) | ||
| (1) | (2) | (3) | (4) | (5) |
| A | Packaging Film as per ITC 3920.6903 | 8.30 | 6000-36000 | 2.146 |
| C | Polyester Film Excluding Packaging /Sun/Dust as ITC 3920.6905 | XA: 9-16
XV: 11-17 XG: 16-32 |
XA: 5000-15000
XV: 14000-17000 XG: 500-6000 |
1.888 |
NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with sub-section (5) of the said section 9A 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 revised price undertaking, hereby makes the following further amendment in the notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No.48/2001-Customs, dated the 10th May, 2001, namely:-
In the said notification, for the Table I, the following Table shall be substituted, namely:-
Table I
| S.No. | Description of Polyester film | Landed value (US $ per kilo-gramme) | ||
| Grade | Thickness (micron) | Length (meters) | ||
| (1) | (2) | (3) | (4) | (5) |
| 1 | Packaging film | 8.30 | 6000-36000 | 2.146 |
| 2 | Polyester film (excluding packaging or sun/dust controlled) | XA: 9-16
XV: 11-17 XG: 16-32 |
XA: 5000-15000
XV: 14000-17000 XG: 500-6000 |
1.888″. |
Aman Kumar Singh
Under Secretary to the Government Of India
F.No.354/152/2000-TRU (Pt-II)
Note: The principal notification No. 48/2001-Customs, dated the 10th May, 2001 was published vide number G.S.R. 332(E), dated the 10th May, 2001, in the Gazette of India, Extraordinary, dated the 10th May, 2001 and was last amended by notification No.125/2001-Customs, dated the 14th December, 2001 [G.S.R. 902(E), dated the 14th December, 2001].
