Anti-dumping Duty Imposed on PS Plates for Printeily Exported by Kodak (China) Graphic Communications Co. Ltd in Review Petition

[Customs Notification No. 35 dated 19th March 2010]

Whereas in the matter of import of Pre-sensitized Positive Offset aluminium Plates (PS Plates) (hereinafter referred to as “the subject goods”), falling under Chapters 37,76 or 84 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Bulgaria, China PR, Malaysia, Singapore and South Korea (hereinafter referred to as “the subject countries”) and imported into India, the designated authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23^rd August, 2007, had come to the conclusion that -

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

(b) the domestic industry had suffered material injury;

(c) the injury had been caused cumulatively by the dumped imports from the subject countries;

and had considered it necessary to impose anti-dumping duty on all imports of the subject goods from the subject countries in order to remove the injury to the domestic industry;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 108/2007-Customs dated the 25^th September, 2007, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 627(E), dated the 25^th September, 2007;

And whereas, M/s. Kodak (China PR) Graphic Communications Company Ltd., (Producer / Exporter from China PR) has requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 in respect of exports made by them, and the designated authority, vide new shipper review notification No. 15/13/2009-DGAD dated the 8^th January, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8^th January, 2010, has recommended provisional assessment of all exports of the subject goods made by the said M/s. Kodak (China PR) Graphic Communications Company Ltd., (Producer / Exporter from China PR) till the completion of the review;

Now, therefore, in exercise of the powers conferred by sub-rule (2) of rule 22 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, after considering the aforesaid recommendation of the designated authority, hereby orders that pending the outcome of the said review by the designated authority, Pre-sensitized Positive Offset aluminium Plates (PS Plates) falling under Chapters 37,76 or 84 of the First Schedule to the said Customs Tariff Act, produced and/or exported by M/s. Kodak (China PR) Graphic Communications Company Ltd., and imported into India, shall be subjected to provisional assessment till the review is completed.

2. The provisional assessment may be subject to such security or guarantee as the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, deems fit for payment of the deficiency, if any, in case a definitive anti-dumping duty is imposed retrospectively, on completion of investigation by the designated authority.

3. In case of recommendation of anti-dumping duty after completion of the said review by the designated authority, the importer shall be liable to pay the amount of such anti-dumping duty recommended on review and imposed on all imports into India of the subject goods from M/s. Kodak (China PR) Graphic Communications Company Ltd., (Producer / Exporter from China PR), from the date of initiation of the said review.

[F. No. 354/136/2007-TRU]