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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

14th December, 2001

Notification No. 125/2001-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 has come to the conclusion that –

(a) Polyester film originating in, or exported from, the People’s Republic of Korea and Indonesia has been exported to India below normal value, resulting in dumping;
(b) the Indian domestic industry has suffered material injury;
(c) no injury has 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 kilogramme; and
(d) the injury has been caused cumulatively by the imports from the subject countries;

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 Ministry of Finance (Department of Revenue), No. 48/2001-Customs, dated the 10th May, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 10th May, 2001 vide G.S.R. 332(E), 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 28th August, 2001, 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 and the undertaking amount for category A and C shall be read as mentioned below: –

Table

Category

Description of Polyester film

Landed value (US $ per kilogramme)

Type of Polyester Films

Thickness (micron)

Length (meters)

(1)

(2)

(3)

(4)

(5)

A

Packaging Film as per ITC 3920.6903

8.30

6000-36000

1.896

C

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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

1.642

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, 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, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.48/2001-Customs, dated the 10th May, 2001, namely:-

In the said notification, for the Table I, following Table I shall be substituted, namely:-

” Table I

Sr.No.

Description of Polyester film

Landed value (US $ per kilogramme)

Grade

Thickness (micron)

Length (meters)

(1)

(2)

(3)

(4)

(5)

1

Packaging film

8.30

6000-36000

1.896

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

1.642″

Vivek Prasad
Under Secretary to the Government of India

F.No.354/152/2000-TRU (Pt-II)

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