Notification No. 133/2003, Dated 26th Aug 2003

26^th August, 2003

Notification No. 133/2003 - Customs

            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  Chapter 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 Taiwan (herein after referred to as the subject countries), the designated authority vide its preliminary findings notification No. 14/53/2002-DGAD, dated the 25^th July, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25^th  July, 2003,  has 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 the designated authority has recommended imposition of anti-dumping duty, provisionally, pending final determination, 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 (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 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 producer 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.   

Table

                  The anti-dumping duty imposed under this notification shall be effective upto and inclusive of   the 25^th day of February, 2004 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; and

(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 conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 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.

G.S.Karki
Under Secretary to the Government of India

F.No.354/91/2003-TRU