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OFFICE OF THE COMMISSIONER OF CUSTOMS
(PORT)
CUSTOM HOUSE , 60
RAJAJI SALAI, CHENNAI 600 001
Telephone: 2522 1918
FAX
: 2522 0093 |
|
Telegrams: “CUSTOMS” |
OFFICE OF THE COMMISSIONER OF CUSTOMS (PORT) CUSTOM HOUSE, NO.60 RAJAJI SALAI CHENNAI - 600 001 |
Government of India, Ministry of Finance, Department of Revenue, New Delhi, Notification No.101 dated 29.12.2004 issued under F.No.350/91/2003 TRU is reproduced below for the guidance of the Importer, Clearing Agents, and Trading Public.
C16 / 63 /2004 AP (Port) (R. MOHAN DOSS)
Custom House, Chennai JOINT COMMR . OF CUSTOMS
Dated: 06.01.2005 (APPRAISING)
_______________________________________________________________________________________________
Notification No.
101/2004-CUSTOMS
G.S.R. (E).- Whereas, in
the matter of import of 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 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.
Sl. No. |
Sub-heading |
Description of goods |
Specification |
Countryof Origin |
Country of Export |
Producer |
Exporter |
Amount |
SI Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
1. |
3920 69 |
Sun and/or Dust Control Polyester
Film |
Any specification |
Chinese Taipei |
Any country |
Any producer |
Any exporter |
7.99 |
Kg |
US Dollar |
2. |
3920
69 |
Sun
and/or Dust Control Polyester Film |
Any
specification |
Any country except UAE |
Chinese Taipei |
Any producer |
Any exporter |
7.99 |
Kg |
US Dollar |
3. |
3920
69 |
Sun
and/or Dust Control Polyester Film |
Any
specification |
UAE |
Any country |
Any producer |
Any exporter |
8.17 |
Kg |
US Dollar |
4. |
3920
69 |
Sun
and/or Dust Control Polyester Film |
Any
specification |
Any country except Chinese Taipei |
UAE |
Any producer |
Any exporter |
8.17 |
Kg |
US Dollar |
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.
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.
[F.No.354/91/2003-TRU]
(Anupam Prakash)
Under Secretary to the Government of
India
//Attested//
(K.RAJENDRAN)
DEPUTY COMMISSIONER OF CUSTOMS
(APPRASING MAIN)