Thermal Sensitive Paper from Indonesia, Malaysia and UAE – Final Findings

Ntfn 35 Whereas in the matter of import of
13.04.2005 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

SNo.	Sub-Heading	Description of goods	Specification	Country of origin	Country of Export	Producer	Exporter	Amount	Unit of measurement	Currency
(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 $

4. The 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.