Sun and/or Dust Control Polyester Film from UAE and
Taiwan – Final Findings
Ntfn-101 Whereas,
in the matter of import of
29.09.2004 Sun and/or Dust Control
Polyester
Film (hereinafter
referred to as the subject goods), which is also known in the commercial
parlance by various names such as Sun Control Films, Sun Films, Solar Films,
Solar Control Films, Solar Window Films, Window Films, Heat Solar Films, etc.,
falling under sub-heading 3006 10 or 3920 69 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, United
Arab Emirates (UAE) and Chinese Taipei (hereinafter referred to as the subject
countries), the designated authority vide its preliminary findings
notification No.14/53/2002-DGAD, dated the 25th
July, 2003, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 25th July, 2003,
had come to the conclusion that -
(a) the subject goods,
originating in, or exported from, the subject countries have been exported to
India below the normal value, resulting in dumping;
(b) the domestic
industry has suffered material injury from exports of the subject goods from
the subject countries; and
(c) the injury has been
caused cumulatively by the imports from the subject countries;
and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of the subject goods, originating in, or exported from, the subject countries;
And whereas, on the
basis of the aforesaid findings of the designated authority, the Central
Government had imposed an anti-dumping duty on the subject goods vide
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No.133/2003-Customs, dated the 26th August, 2003, [G.S.R. 684(E), dated the 26th August, 2003], published in Part II, Section 3, Sub-section (i) of
the Gazette of India, Extraordinary, dated the 26th August, 2003;
And whereas, the
designated authority, vide its final findings notification
No.14/53/2002-DGAD, dated the 30th July, 2004,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
30th July, 2004, has come to the conclusion that –
(a) the subject goods,
originating in, or exported from, the subject countries have 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 both by volume and price effect of dumped
imports of the subject goods, originating in, or exported from, the subject
countries;
and has also recommended the imposition of definitive anti-dumping duty on all imports of the subject goods, originating in, or exported from, the subject countries;
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 final 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 sub-heading of the First Schedule to the said Customs Tariff Act
as specified in the corresponding entry in column (2), the specification of
which is specified in column (4) of the said Table, originating in the
countries as specified in the corresponding entry in column (5), and produced
by the producers as specified in the corresponding entry in column (7), when
exported from the countries as specified in the corresponding entry in column
(6), by the exporters as specified in the corresponding entry in column (8),
and imported into India, an anti-dumping duty at a rate which is equivalent to
the difference between, the amount as 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.
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 26th August, 2003, and shall be paid in Indian currency.
3. This notification shall remain in force
upto and inclusive of the 25th August, 2009, unless the
notification is revoked earlier. [Inserted by 100/29.08.2008]
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 such 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 conferred by 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.
[HS Code Amended by
122/30.12.2006]
Table
|
S No. |
Tariff item |
Description of goods |
Specification |
Country of origin |
Country of Export |
Producer |
Exporter |
Amount |
Unit of measure-ment |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1. |
3006 10 or 3920 69 |
Sun and/or Dust Control Polyester Film |
Any specification |
Chinese Taipei |
Any country |
Any producer |
Any exporter |
7.99 |
Kilogram |
US Dollar |
|
2. |
3006 10 or 3920 69 |
Sun and/or Dust Control Polyester Film |
Any specification |
Any country except UAE |
Chinese Taipei |
Any producer |
Any exporter |
7.99 |
Kilogram |
US Dollar |
|
3. |
3006 10 or 3920 69 |
Sun and/or Dust Control Polyester Film |
Any specification |
UAE |
Any country |
Any producer |
Any exporter |
8.17 |
Kilogram |
US Dollar |
|
4. |
3006 10 or 3920 69 |
Sun and/or Dust
Control Polyester Film |
Any specification |
Any country except
Chinese Taipei |
UAE |
Any producer |
Any exporter |
8.17 |
Kilogram |
US Dollar |