[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

13th April, 2005

Notification No. 35/2005-Customs

Whereas in the matter of import of Thermal Sensitive Paper (hereinafter referred to as the subject goods), falling under Chapter 48 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from Indonesia, Malaysia and United Arab Emirates (hereinafter referred to as the subject countries), the Designated Authority vide its final findings notification No. 14/24/2003-DGAD, dated the 27th January, 2005, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th January 2005, has come to the conclusion that –

(i)  The subject goods have been exported to India from the subject countries below its normal value;

(ii)  the domestic industry has suffered material injury;

(iii)   the material injury has been caused by the dumped imports from the subject countries;

2. And whereas, the designated authority has recommended imposition of anti-dumping duty on imports of the subject goods, originating in, or exported from, the subject countries;

 3. 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 findings of the designated authority hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under Chapter 48 of the First Schedule to the said Act as specified in the corresponding entry in column (2), originating in the countries specified in the corresponding entry in column (5), and exported from the countries specified in the corresponding entry in column (6) and produced by the producers specified in the corresponding entry in column (7) and exported by the exporters specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty which shall be equivalent to difference between the amount specified in the corresponding entry in column (9) in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.

Table

S.
No.
Sub-Heading
Description
of goods
Specifi
cation
Country
of origin
Country
of Export
Producer
Exporter
Amt
Unit of
measure
ment
Curr
ency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
1.
4809 10
4811 90
4816 20
Thermal Sensitive Paper
All types
Indonesia
Any country other than Malaysia and United Arab Emirates
Any
Producer
Any
exporter
1730.15
MT
US $
2.
4809 10
4811 90
4816 20
Thermal Sensitive Paper
All types
Any country
Indonesia
Any
Producer
Any
exporter
1730.15
MT
US $
3.
4809 10
4811 90
4816 20
Thermal Sensitive Paper
All types
Malaysia
Any country other than Indonesia and United Arab Emirates
Any Producer
Any exporter
2626.82
MT
US $
4.
4809 10
4811 90
4816 20
Thermal Sensitive Paper
All types
Any country
Malaysia
Any Producer
Any exporter
2626.82
MT
US $
5.
4809 10
4811 90
4816 20
Thermal Sensitive Paper
All types
United Arab Emirates
Any country other than Malaysia and Indonesia
Any Producer
Any exporter
2626.82
MT
US $
6
4809 10
4811 90
4816 20
Thermal Sensitive Paper
All types
Any country
United Arab Emirates
Any Producer
Any exporter
2626.82
MT
US $

anti-dumping duty imposed under this notification shall be levied for a period of five years and shall be payable 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, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

  (b)  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 (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.

F.No.354/64/2004-TRU

V. Sivasubramanian
Deputy Secretary to the Government of India

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